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94th Congress 
2d Session 



COMMITTEE PRINT 



FEDERAL AND STATE STATUTES 
RELATING TO FARMWORKERS 



A COMPILATION 



PREPARED FOR THE 

SUBCOMMITTEE ON AGRICULTUKAL LABOR 

OF THE 

COMMITTEE ON EDUCATION AND LABOR 

UNITED STATES 

HOUSE OF REPRESENTATIVES 




$5 NOV 

OCTOBER 1976 ' 






1976 || 



AfTS ^ ; „, 



Printed for the use of the 
Committee on Education and Labor 



: I 



94 2d £SKT } COMMITTEE PRINT 



FEDERAL AND STATE STATUTES 
RELATING TO FARMWORKERS 



A COMPILATION 



PREPARED FOR THE 

SUBCOMMITTEE ON AGRICULTURAL LABOR 

OF THE 

COMMITTEE ON EDUCATION AND LABOR 
UNITED STATES 
HOUSE OP REPRESENTATIVES 




OCTOBER 1976 



Printed for the use of the 
Committee on Education and Labor 



U.S. GOVERNMENT PRINTING OFFICE 
71-783 WASHINGTON : 1976 



COMMITTEE OX EDUCATION AND LABOR 

CARL D. PERKINS, Kentucky, Chairman 



FRANK THOMPSON, Jr., Now Jersey 
JOHN IP DENT, Pennsylvania 
DOMINICKV. DANIELS, New Jersey 
JOHN BRADEMA8, Indiana 

JAMES Q. OTIARA, Michigan 
AUGUSTUS F. HAWKINS, California 
WILLIAM D. FORD, Michigan 
PATSY T. MINK. Hawaii (on leave) 
LLOYD MEEDS, Washington 
PHILLIP BURTON, California 
JOSEPH M. GAYDOS, Pennsylvania 
WILLIAM "BILL" CLAY, Missouri 
SHIRLEY CH1SHOLM, New York 
MARIO BIAGGI, New York 
IKE ANDREWS, North Carolina 
WILLIAM LEHMAN, Florida 
JAIME BENITEZ, Puerto Rico 
MICHAEL BLOUIN, Iowa 
ROBERT CORNELL, Wisconsin 
PAUL SIMON, Illinois 
EDWARD BEARD, Rhode Island 
LEO ZEFERETTI, New York 
GEORGE MILLER, California 
RONALD MOTTL, Ohio 
TIM HALL, Illinois 



ALBERT II. QUIE, Minnesota 
JOHN M. ASIIBROOK, Ohio 
ALPIIONZO BELL, California 
JOHN N. ERLENBORN, Illinois 
MARVIN L. ESCII, Michigan 
EDWIN D. ESHLEMAN, Pennsylvania 
PETER A. PEYSER, New York 
RONALD A. SARASIN, Connecticut 
JOHN BUCHANAN, Alabama 
JAMES M. JEFFORDS, Vermont 
LARRY PRESSLER, South Dakota 
WILLIAM F. GOODLING, Pennsylvania 
VIRGINIA SMITH, Nebraska 



Subcommittee on Agricultural Labor 

WILLIAM D. FORD, Michigan, Chairman 



MICHAEL BLOUIN, Iowa 

LLOYD MEEDS, Washington 

JOHN H. DENT, Pennsylvania 

CARL D. PERKINS, Kentucky, Ex Officio 



RONALD A. SARASIN, Connecticut 
ALBERT H. QUIE, Minnesota. Ex Officio 



(II) 



Federal Statutes Affecting Migrants 

CONTENTS 



I. LABOR 

Wages: £»*• 

Fair Labor Standards Act Amendments of 1974 1 

Sugar Act of 1948 1 

Wagner- Peyser Act 1 

Hours: Fair Labor Standards Act Amendments of 1974 2 

Child Labor: 

Fair Labor Standards Act Amendments of 1974 2 

Sugar Act of 1948 2 

Unemployment Insurance 3 

Workmen's Compensation 3 

Labor Contractors: Farm Labor Contractor Registration Act 3 

Social Security: 

Federal Insurance Contributions Act 5 

Old Age, Survivors and Disability Insurance Act 5 

Working Conditions: Occupational Safet} T and Health Act 6 

Collective Bargaining 6 

Taxation : 

Income Tax Withholding 6 

Tax Reduction Act of 1975 6 

Transportation: Interstate Transportation of Migrant Farmworkers 6 

II. PROGRAMS TO AID MIGRANTS 

Health: 

Health Act of 1975 7 

Rehabilitation Act of 1973 7 

Housing: 

Housing for Agricultural Workers 7 

Housing Act of 1949 8 

Health Act of 1975 8 

Welfare : Social Security Act 8 

Food Stamps: Food Stamp Act of 1964 9 

Education: 

Elementary and Secondary Education Act 9 

Migrant Head Start Programs 10 

Transfer OEO Programs 10 

Headstart, Economic Opportunity and Community Partnership Act 

of 1974 10 

Volunteers in Service to America 10 

Manpower: Comprehensive Employment and Training Act of 1973 10 

(in) 



MAJORITY MEMBERS: 
U^OTD MEEDS. WASH. 



MINORITY MEMBERS: 
ALBERT H. QWE, MINN., EX OTin 



LETTER OF TRANSMITTAL 



CONGRESS OF THE UNITED STATES 
HOUSE OF REPRESENTATIVES 

COMMITTEE ON EDUCATION AND LABOR 
SUBCOMMITTEE ON AGRICULTURAL LABOR 

617 HOUSE OFFICE BUILDING ANNEX 
WASHINGTON, D.C. 20515 

September 27, 1976 



Hon. Carl D. Perkins, Chairman 
Committee on Education and Labor 
2l8l Rayburn House Office Building 

Dear Mr. Chairman: 

During my tenure as Chairman of the Subcommittee on Agricultural 
Labor, I determined that there was a need for an up-to-date compila- 
tion of laws which impact on migrant and seasonal agricultural 
workers. A useful resource manual has been a Senate Print published 
in December 1972, Federal and State Statutes Relating to Farmworkers , 
Because much of the material in that print is dated, the Subcommittee 
decided to revise it. 

Therefore, I am pleased to submit for use by those interested in the 
migrant and seasonal agricultural worker an updated compilation. 

This compilation is the result of comprehensive research conducted "by 
the Subcommittee staff and by the Library of Congress. Every effort 
has been made to assure the accuracy of the information contained in 
this print, including contact with each state regarding its laws. To 
the best of our knowledge, the information is accurate as of September 
1, 1976. 

I would like to express appreciation for the invaluable assistance 
provided in this project by Ray Schmitt and Stuart Schmitz, analysts 
of social legislation in the Education and Public Welfare Division 
of the Library of Congress, and to Karen Lewis and Kathleen Shea of 
the .American Law Division of the Library of Congress. 



Sincerely 




WILLIAM D. F 
Chairman 



WDF.-pmp 



(V) 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/fedtestatOOunit 



Federal Statutes Affecting Migrants 

I. LABOR 

1. Wages 

(a) Fair Labor Standards Act Amendments of 1974 (F.L.S.A). 

(Public Law 93-259; 29 U.S.C. §201 et sea.) 

This Act is administered by the Secretary of Labor through the 
Administrator of the Wage and Hour Division. This law has been 
in effect since 1938 and sets minimum wage, maximum hours, over- 
time pay, equal pay, and child labor standards for emplo} r ment subject 
to the Act unless a specific exemption applies. 

The Act was last amended in 1974. It actually was not until 1966 
that farmworkers were even included under the minimum wage 
protections of the F.L.S.A. In 1974 the amendments increased the 
minimum wage for agricultural workers from $1.30 to $1.60 an hour 
effective May 1, 1974. The amendments provided for further increases 
to $1.80 on Jan. 1, 1975; to $2.00 on Jan. 1, 1976; to $2.20 on Jan. 1, 
1977; and to $2.30 on Jan. 1, 1978. 

Only farmworker employers who utilized 500 man-days of agri- 
cultural labor in any quarter of the preceding calendar year and who 
were engaged in interstate commerce are required to pay minimum 
wages to their employees. It should be noted that the 500 man-day 
requirement in practice serves to exclude most farmworkers from 
the minimum wage provisions of the Act. 

[See the following specific references: 29 U.S.C. § 206(a); § 211(c), 
29 C.F.R. §516.1— .2; 29 U.S.C. §§ 203(e), (u), § 213(a)(6)(A).] 

(b) Sugar Act of 1948 (7 U.S.C. § 1131(c) (last amended in 

1962)* 

This Act contains a provision that, as a condition for the payment 
of an allotment, a grower must have paid his workers in full and at a 
rate not less than the rate set by the Secretary of Agriculture. A 
grower who has not paid a minimum wage may still be entitled to an 
allotment if he meets other statutory standards. When allotments are 
continued under such circumstances, payments are to be used first 
for unpaid wages. The remainder, if any, belongs to the grower. 

[The entire Sugar Act can be found at: 7 U.S.C. § 1100 et. seq.; the 
applicable regulations are at 7 C.F.R. Parts 862, 863, 864, 866 and 
867.] 

(c) Wagner-Peyser Act (29 U.S.C. §49 et seq.) [Wages and 

Employment Service] 
This Act authorizes the U.S. Employment Service to maintain a 
farm placement service through the state employment office system 
and to set standards for the use of this service. (See 29 U.S.C. § 49(b), 
as last amended in 1973). 

*It should be noted that on June 5, 1974. legislation to extend and amend the Sugar Act of 1948 was de- 
feated on the floor of the House of Repiesentatives. No further action on this legislation was taken during 
the 93rd Congress. This Act remained in effect until December 31, 1974. Because litigation has arisen since 
that date and since there is a possibility of more litigation, we have chosen to include the Sugar Act of 194S 
in our compilation. 

(1) 



The applicable regulations ran bo found in 20 C.F.R. Part 260 and 
Part 602.9. 20 C.F.K. 620 Bets forth t lie minimum housing standards 
for workers recruited through this system. 20 C.F.R. 602.9 requires 
that wages offered interstate migrants must bo no less than prevailing 
wages for loeal workers. 

The interstate recruitment system operated through the state 
employment services is described in the court's opinion in Gomez v. 
Florida State Employment Sere ice, 417 F. 2d 569 (5th Cir. 1969), and 
in an opinion of the Attorney General of the U.S. referred to in the 
Gomez case, Migrant Farm Labor — Wagner-Peyser Act, 41 Op. A.G. 
406, 407 (July 2, 1959). 

2. Hours 

(a) The Fair Labor Standards Act (F.L.S.A.), as last amended 
in 1974, general 1}' exempts agricultural workers from its 
overtime provisions. 

The overtime provisions of the F.L.S.A. do not apply to farm- 
workers employed by employers who did not use more than 500 man- 
days of agricultural labor in any quarter of the preceding year. See 29 
U.S.C. § 213(a)(6). 

Also exempt from coverage are employees who meet the following 
three criteria: (1) work as hand harvest laborers paid on a piece rate 
basis in an operation customarily recognized as having been paid on 
a piece rate basis in the region of employment; (2) commute daily 
from permanent residence to the farm where employed; and (3) have 
been employed in agriculture less than thirteen weeks during the 
preceding calendar year. 

Employees who are principally engaged in the range production of 
livestock are also exempt from F.L.S.A.'s overtime coverage. The 
exemption from overtime also extends to employees in specified agri- 
cultural operations (growing and harvesting and processing shade- 
grown tobacco; processing of maple sap into sugar, etc.). See 29 
U.S.C. § 213(b). 

8. Child Labor 

(a) Fair Labor Standards Act Amendments of 1974 (29 U.S.C. 

§ 201 et sea.) 
[See especially §§ 213(c)(1) and 214 as amended in 1974.] 
Prior to 1974 there was no minimum age limitation for nonhazardous 
agricultural work outside school hours. The 1974 F.L.S.A. Amend- 
ments prohibited employment of children under 12 on farms covered 
by the Act's 500 man-day test (500 man-day test means that in order 
for the employer to be covered by F.L.S.A. he must have used more 
than 500 man-days of agricultural labor during peak quarter of 
previous calendar year) ; and on non-covered farms (those which do 
not meet the 500 man-day test), the law now requires parental consent. 
Employers are required to obtain proof of age in accordance with 
the Secretary's regulation. Any person who violates the child labor 
provisions of any regulation thereunder shall be subject to a civil 
penalty not to exceed $1,000 for each violation. The Act also provides 
for enforcement by civil or criminal proceedings in the courts. 

(b) Sugar Act oj 1948 

The Sugar Act provides that in order to receive allotment payments 
under the Act a grower must meet certain conditions relating to the 



production or harvest of sugar crops (except children of the owner), 
children between 14 and 16 (except children of the owner) may not 
work longer than eight hours per day. However, the Act also provides 
that violations of the child labor provisions will not result in loss of 
the allotment. Instead $10 per day is deducted for each child employed 
in violation of the Act. (7 U.S.C. § 1131(a)).* 

4. Unemployment Insurance 

When Congress enacted the Federal Unemployment Tax Act, it 
excluded the services of farmworkers. (26 U.S.C. §§ 3306(c)(1) and (k)). 

The Employment Security Amendments oj 1970 {Public Law 91-373) 
authorized the Department of Labor to conduct a study on the 
possibility of extending unemplovment compensation coverage to 
agricultural workers. (42 U.S.C. § 1106(a)(2)). 

To date, agricultural workers are still exempt from the unemploy- 
ment compensation statute. 

Special unemployment assistance is provided under Title II of the 
Comprehensive Employment and Training Act oj 1973 {Public Law 
93-203) to any person who is not eligible for benefits under any state 
or federal unemployment benefits law and who in the 52 weeks before 
filing his claim, had sufficient employment experience to qualify him 
for benefits under state law — had that law provided coverage for 
his occupation or job. In determining whether the person had suf- 
ficient employment, all employment is counted even though it was 
not covered employment under state law. 

Under Title III of the Comprehensive Employment and Training 
Act oj 1978, the Secretary of Labor is given responsibility to operate 
manpower programs for special groups of individuals, including 
migrant and seasonal farmworkers. 

5. Workmen' 's Compensation 

Under the present system, States control workmen's compensation, 
and the federal government is limited to promoting voluntary ac- 
ceptance of approved standards. In contrast to almost complete 
compulsory coverage of industrial workers under state workmen's 
compensation laws, farm occupations constitute the largest popula- 
tion group that has largely been excluded from its coverage. 

See the survey of the state statutes for the specific provisions re- 
garding the coverage of agricultural labor in the area of workmen's 
compensation in each state. 

6. Labor Contractors 

(a) Farm Labor Contractor Registration Act (7 U.S.C. §§ 2041— 
2053, last amended in 1974) 

This Act requires a farm labor contractor to obtain a registration 
certificate from the Secretary of Labor and sets the qualifications for 
registration. The congressional findings and declaration of policy 
section of the Act stated in part that the channels and instrumentalities 
of interstate commerce were being used by certain irresponsible 
contractors for the service of the migrant agricultural laborers. 

Migrant farm workers now have greater job protection under 
amendments to the Farm Labor Contractor Registration Act, signed 



•The Sugar Act of 1048 expired Dec. 31, 1974. Because litigation has arisen since that date and because 
there may be further litigation, we have chosen to include this Act in compilation. 



into law on December 7, 1974 (Public Law 93-5 is). Major point- in 
the new legislation include the following: 

The term farm labor contractor "is broadened to include any person 
who, for a fee for himself or another, recruits, solicits, furnishes, or 
transports any migrant worker for agricultural employment, either 
within a state or across state lines." (Before amended, the law applied 
only to crew leaders who recruited 10 or more workers for interstate 
farm labor). 

Contractors must, among other things: 

(1) carry increased accident insurance to protect workers and 
their possessions; 

(2) file a statement which identifies contractor-owned or con- 
trolled vehicles and housing to be used for workers (with proof 
that federal and state health and safety standards are met) ; 

(3) refrain from requiring workers to purchase goods exclusively 
from the contractor or another person; 

(4) report changes of address within 10 days of moving: 

(5) pay employees promptly and explain any pay deductions; 

(6) inform workers in writing and in a language clearly under- 
standable to them of living and working conditions, the existence 
of any labor dispute at the work site, the period of employment, 
and the existence of any kickback arrangement between the 
contractor and local retail merchants catering to the workers. 

More detailed payroll records must be kept by both the con- 
tractor and the person for w T hom labor is provided. 

Peonage was added to the list of offenses for which the contractor 
could be refused a certificate of registration, or for which the certifi- 
cate could be revoked. 

Xo person is permitted to engage a contractor's services to furnish 
farm labor unless it is first determined that the contractor has a 
current registration certificate. 

The amendments add a criminal penalt} r of imprisonment not to 
exceed one year or a fine of $500, or both, for a first offense. Maximum 
penalties for conviction of a subsequent violation of the act are a fine 
not to exceed $10,000, imprisonment not to exceed three years, or 
both. The Secretary is required to report on enforcement in his annual 
report to the Congress. 

The amendments to the Farm Labor Contractor Registration Act also 
empower the Secretary of Labor to impose up to a $1,000 civil money 
penalty for a violation of the Act or an}' regulation promulgated under 
the Act. The civil penalty procedure is subject to the rights of agency 
review and judicial review by the person against whom a penalty is 
assessed. The report of the House Education and Labor Committee 
states that it is the intention of the Committee that the availability 
of both civil and criminal sanctions will not result in undue harassment 
or abuse of process. 

The amendments provide further that any farm labor contractor 
who has not registered under the Act, or whose registration has been 
revoked or suspended, will be subject to a criminal penalty of up to a 
$10,000 fine or a prison sentence of up to 3 years (or both), if such 
contractor has knowingly engaged the services of an illegal alien. It 
is the intention of the Education and Labor Committee that the 
Secretary of Labor promulgate all regulations necessary for the 



enforcement of the Act's prohibition against utilization of illegal 
aliens in employment. 

The amendments also increase the Department's investigatory 
powers, allow migrants to bring civil suit against contractors in the 
appropriate district court of the United States without regard to the 
amount in controversy or the citizenship of the parties, and prohibit 
retaliatory action by contractors against workers who file complaints 
or suits. 

7. Social Security 

(a) Federal Insurance Contributions Act (F.I.C.A.) (26 U.S.C. 

§3101 etseq.) 
The Federal Insurance Contributions Act imposes a tax on "wages" 
to fund the old age, survivors and disability insurance program under 
the Social Security Act. However, as defined by the F.I.C.A., the 
term " wages" does not include non-cash payments for agricultural 
labor (See 26 U.S.C. § 3121(a) (8) (A)), nor does it include cash pay- 
ments of less than $150 per year or payments for less than 20 days work 
(§3121(a)(8)(B)). Agricultural labor is defined by 26 U.S.C. §3121(g) 
and 42 U.S.C. §410(f). Also exempt from the tax are payments made 
to foreign agricultural employees (26 U.S.C. § 3121(b)(1)), and pay- 
ments for services performed under sharecropping arrangements (26 
U.S.C. §3121(b)(16)). The Social Security Act provides that these 
categories of persons whose wages are not taxed under the F.I.C.A. 
do not qualify for O.A.S.D.I. coverage. (42 U.S.C. §§409(h) (1) and 
(2), 410(a) (16) and (19), 410(f)). 

(b) Old Age, Survivors, and Disability Insurance Act (O.A.S.D.I.) 

(42 U.S.C. §409(h) etsea.) 

Old age, survivors and disability insurance is one of the few major 
areas of conventional federal employee benefits programs from which 
agricultural migrants may receive benefits. Since 1956, farm employ- 
ment has been covered for social security purposes if the worker 
received cash wages amounting to at least $150 from one employer 
during the year. Alternately, a farmworker gains coverage if he 
works with one employer 20 days or more during the year for cash 
remuneration computed on a time basis (by the hour, day, or week) 
rather than on a piece-rate basis. (42 U.S.C. §413(a)(2) (IV) and (V)). 
It should be noted, however, that the migratory farmworker, due to 
his low rate of compensation and short periods of employment, often 
does not meet even these meager qualifying requirements. Since a 
great number of migrant workers are paid on a piece-rate basis, the 
20 day provision has had limited practical effect, and the $150 cash 
minimum is most often controlling. Lack of coverage would mean the 
exclusion from retirement, survivors, disability and medicare pro- 
tection. 

The Social Security Administration has made increased efforts to 
reach migrants with education and information materials that en- 
courage farmworkers to claim their maximum coverage and benefits, 
and encourages employers to report covered wages. 

The Office of Economic Opportunity programs encourage migrants 
to obtain social security cards, and literature is made available for 
both emplo3^ees and employers that contain easy-to-follow directions 
and information printed in English and Spanish. 



6 

It should be noted that under both E.I.C.A. and O. A. S.D.I, "farm 
crew leaders" who pay workers themselves arc deemed employers if 
there is no agreement to the contrary. As employers thev are liable 
for payment of F.I.C.A. taxes and other duties required of employers 
by statutes. (26 U.S.C. §3121(o), 42 U.S.C. § 410(h)). 

8. Working ( 'auditions 

(a) Occupational Safety and Health Act (O.S.H.A.) (29 U.S.C. 
§§651-678) 

The enactment of O.S.H.A. in 1970 may have a significant effect 
on the migrants' working conditions. The Act empowers the Secretary 
of Labor to prescribe mandatory safety and health standards which 
are applicable in agriculture as well as in industry generally. Hazards 
from equipment and machinery as well as from toxic substances are 
within the Secretary's regulatory authority. 

Several regulations relating to agricultural labor have been issued 
under this authority. As of March 20, 1975, standards applicable to 
agricultural operations cover: 

(1) sanitation in temporary labor camps (29 C.F.R. § 1910.142) 

(2) storage and handling of anhvdrous ammonia (29 C.F.R. 
§ 1910.111) 

[Note.— See 29 CFR 1910.267 generallv.] 

(3) pulpwood logging (29 C.F.R. § 1910.266) 

(4) slow-moving vehicles (29 C.F.R. § 1910.145) 

9. Collective Bargaining 

The Taft-Hartley Act (29 U.S.C. §§ 141 to 187) guarantees the right 
of employees to organize and engage in collective bargaining. How- 
ever, the term "emplovee" is defined by the Act to exclude agricultural 
workers. (29 U.S.C. § 152) . 

In addition, all appropriation bills passed by Congress to imple- 
ment the Taft-Hartley Act have stated that the appropriations may 
not be used to intervene in labor disputes in agriculture (as defined 
by the Fair Labor Standards Act). 

10. Taxation 

(a) Income Tax Withholding 

Income tax withholding provisions of the Internal Revenue Code 
provide for the collection of income tax on wages by employers. (26 
U.S.C. §3042). 

However, the term " wages" is defined to exclude wages paid for 
agricultural labor (which is defined by 26 U.S.C. § 3121(g)). (26 
U.S.C. § 3401(a)(2)). 

(b) Tax Reduction Act of 1975 

Under the Tax Reduction Act of 1975 {Public Law 94-12) migrant 
workers are specifically excluded from the definition of "eligible 
employee" for purposes of computing the federal welfare recipient 
employment incentive tax credit. 

11. Transportation 

(a) Interstate Transportation of Migrant Farm Workers (49 
U.S.C. § 303 et seq.) 
This Act amends the Interstate Commerce Act to provide for the 
regulation by the Interstate Commerce Commission of certain trans- 
portation in interstate and foreign commerce of migrant farmworkers. 



The Interstate Commerce Act authorizes the Department of Trans- 
portation to set standards for interstate transportation of migrant 
workers if they travel more than 75 miles. (42 U.S.C. § 304(a) (3a)). 

The Federal Highway Administration has issued regulations under 
this authority. Violations of the regulations may result in a fine of 
between $100 and $500 for the first offense, and between $200 and 
$500 for a subsequent offense. The Department of Transportation is 
also authorized to seek an injunction against violators. (49 U.S.C. 
§ 322 (a) & (b)). 

The regulations on "Transportation of Migrant Workers," 49 
C.F.R. § 398.1 et seg., were issued in compliance with the statute, 
49 U.S.C. §§ 303, 304. These regulations seek to insure migrants' 
safety and comfort when they travel over long distance by motor 
vehicle. The regulations establish minimum qualifications for drivers 
of vehicles that haul migrants long distances, provide safet}^ and com- 
fort standards for such vehicles, limit the number of hours a driver 
ma}^ drive, and require the carrier to inspect and maintain each 
vehicle. 

II. PROGRAMS TO AID MIGRANTS 

1. Health 

(a) Health Act of 1975 {Public Law 94-63) 

This Act, which amends section 319 of the Public Health Service 
Act, contains a section dealing with migrant health centers. The Sec- 
retary of H.E.W. is given authority to assign high impact areas and 
any other areas (where appropriate) priorities for the provision of 
assistance to projects and programs in such areas. The highest priori- 
ties for such assistance shall be. assigned to areas in which the greatest, 
numbers of migratory workers and their families reside for the longest 
period of time. 

The Act further provides that within 120 davs of the enactment of 
this section (42 U.S.C. § 247d), the Secretary of H.E.W. shall appoint 
and organize a National Advisory Council on Migrant Health which 
shall "advise, consult with, and make recommendations to," the 
Secretary on matters relating to the organization, operation, selec- 
tion and funding of migrant health centers and other entities under 
grants and contracts made pursuant to this Act. 

(b) Rehabilitation Act of 1973 {Public Law 93-112) 

Under Title III, Section 304, subsection (c) of this Act the Secre- 
tary of H.E.W. is authorized to make grants to state or local agencies 
to pay up to 90% of the cost of providing vocational rehabilitation 
services to handicapped migrator}' agricultural workers. The benefits of 
such grants, which include maintenance and transportation, may also 
be extended to the workers' families (whether or not handicapped). 
The agency receiving the grants must cooperate with other agencies 
skilled in providing services to such migratory farmworkers. The 
administration of this subsection is to be coordinated with other 
federal laws dealing with such workers. 

2. Housing 

(a) Housing jor Agricultural Workers (20 C.F.R. 620) 
The Department of Labor has established a policy of denying 
its interstate agricultural recruitment services to employers until it 



8 

has ascertained that the housing and facilities meet certain criteria. 
These factors are as follows: 

(1) availability. 

( 2 ) hygienic and adequate to the climatic conditions of the areas 
of employment, 

(3) large enough to accommodate the agricultural workers 
sought. 

(4) will not endanger the lives, health or safety of workers and 
their families. 

(b) Housing Act of 1949 

Under the Housing Act oj 1949, Section III on Farm Housing, the 
Secretary of the Department of Housing and Urban Development is 
authorized to provide financial assistance for low rent housing for 
groups of farmworkers including "domestic farm labor" as defined 
in 42 U.S.C. §1814(f)(4). 

(c) Health Act oj 1975 {Public Laiu 94-63) 

The Migrant Health Center section of this law provides that the 
Secretary of H.E.W. shall conduct or arrange for the conduct of a 
study of: 

(A) the quality of housing which is available to agricultural 
migratory workers in the U.S. during the period of their employ- 
ment in seasonal agricultural activities while away from their 
permanent abodes; 

(B) the effect on the health of such workers of deficiencies in 
their housing conditions during such period; and 

(C) federal, state, and local government standards respecting 
housing conditions for such workers during such period and the 
adequacy of enforcement of such standards. 

In conducting or arranging for the conduct of such study, the 
Secretary of H.E.W. shall consult with the Secretary of H.U.D. This 
study has to be completed and a report submitted within 18 months 
of the enactment of the Act making appropriations for the study. 
The report shall contain the findings and recommendations for federal 
action (including legislation) respecting such housing conditions. 
The report has to be submitted to the House Committee on Inter- 
state and Foreign Commerce and Senate Committee on Labor and 
Public Welfare. (See Congressional Record, July 11, 1975, Vol. 121, 
No. 109, H. 6670-6673) 

3. Welfare 

(a) Social Security Act (42 U.S.C. § 606(e)(1) (2)) 

This section of the Social Security Act specifically provides that 
"emergency assistance to needy families with children" may be 
made available to migrant workers with families in the State. 

As of December 31, 1973, twenty States have designated migrant 
workers with families as eligible for this assistance. (Arkansas, Kansas, 
Kentucky, Massachusetts Michigan, Minnesota, Montana, Ne- 
braska, New Jersey, New York, Ohio, Oklahoma, Oregon, South 
Dakota, Utah, Vermont, Virginia, Washington, West Virginia, 
Wyoming). 



9 

4. Food Stamps 

(a) Food Stamp Act of 1964 (7 U.S.C. §§2011-2025; regula- 
tions can be found at 7 C.F.R. Parts 270-274) 
Although this Act does not specifically mention migrants, the Food 
Stamp Program is structured to benefit all low-income individuals. 
Therefore, there is a possibility for inclusion of migrant farmworkers. 
Two cases have been reported in the CCH Poverty Law Reporter on 
this subject of food stamps for farmworkers. A summary of each case 
follows: 

(1) Enrique Saez, et al. v. 0. J. Keller, et al. (No. 73-1750-Civ., 
U.S. District Court, Southern District of Florida, September 12, 

1974) [CCH Poverty Law Reporter, \ 19, 968] 

The court held that food stamp eligibility could not be denied to a 
farmworker who failed to work at least a certain number of days or 
who failed to earn at least a certain income. In accordance with this 
finding, the court enjoined the enforcement of Section 1931 of the 
Florida Food Stamp Manual and the superseding regulation of 
May 23, 1974 that denied such eligibility. In addition, the develop- 
ment and implementation of a plan for the certification of itinerant 
farmworkers in Florida on a statewide basis were ordered. 

(2) Manuel Medina, et al. v. Denver L. White (No. C74-151, U.S. 
District Court, Northern District of Ohio, Western Division, April 17, 

1975) [CCH Poverty Law Reporter, «[ 21, 005] 

A class of migrant farmworkers, whose households were eligible for 
food stamps and who were not allowed to apply at the time they 
first came to the county welfare department, brought this suit. The 
court required the Ohio Department of Public Welfare to modify 
and clarify provisions of a letter regarding certification of eligibility 
for food stamps. 

5. Education 

(a) Elementary and Secondary Education Act (20 U.S.C. 
§241e(c); regulations can be found at 20 C.F.R. Part 
116) 

Under Title I of the Elementary and Secondary Education Act, 
state education agencies may apply for grants from the Office of 
Education for projects to meet the special education needs of children 
of migratory agricultural workers. Beginning Fiscal Year 1975, the 
Act includes programs for the children of migratory fishermen. 

Title I migrant programs concentrate on identifying and meeting 
the specific needs of migrant children through remedial instruction, 
health, nutrition, psychological services, cultural development, pre- 
vocational training and counseling. Special attention in instructional 
program is given to development of language arts — including reading, 
speaking and writing in both Spanish and English. 

Each State Department of Education submits to the Office of 
Education an application which includes its plan and cost estimate 
for migrant education projects. Upon approval of its application the 
State is then awarded a grant, separate from its other Title I alloca- 
tion, to finance the migrant program. Each year's allotment is based 
on a formula which estimates the number of migrant children in a 
State and per pupil expenditures. 



10 

A child is considered a migrant and eligible to participate if be has 
moved with his family from one school district to another during the 
past year in order that a parent or other member of his family may 
work in agriculture or related food processing activities. He can 1>" 
considered a migrant child for 5 year- after hi9 parents have settled 
in one place. 

(b) Migrant Head Start Programs 

Since 1969, within II.E.YWs Office of Child Development is the 
Division of Indian and Migrant Programs., It has sought to maintain 
and extensive effort to mobilize the resources needed to provide full 
service programs to preschool children of migrant families. 

(c) Transfer O.E.O. Programs (Economic Opportunity Act (42 

U.S.C. § 2861 et seq.)) 

It should be noted that O.E.O. under the authority of Title III-B 
of the Economic Opportunity Act provided assistance to migrants and 
other seasonally employed farmworkers and their families. 

In 1973, some migrant programs which were administered by O.E.O. 
w r ere transferred to the Department of H.E.W. Other programs were 
transferred elsewhere — e.g., housing to H.U.D. Title III-B programs 
(including the Migrant Division of O.E.O.) were transferred to the 
Department of Labor pursuant to a delegation of authority agreement 
between O.E.O. and the Department of Labor. 

(d) Heaclstart, Economic Opportunity and Community Partner- 

ship Act oj 1974 (Public Law 93-644) 
This Act extended certain programs under the Economic Opportunity 
Act of 1964 through Fiscal Year 1977 and established the Community 
Services Administration as the successor agency to O.E.O. Although 
the new Act continues the legislative authority for migrant and sea- 
sonal farmworker programs, at present, Title III-B programs are still 
being administered by the Department of Labor. 

(e) Volunteers in Service to America 

The Domestic Volunteer Service Act of 1973 (Public Law 93-113) con- 
solidated various volunteer programs, including V.I.S.T.A. The 
director of the new V.I.S.T.A. program is given the authority to assign 
volunteers to work on programs to meet the needs of migratory and 
seasonal farmworkers and their families. 

6. Manpower 

The Comprehensive Employment and Training Act provides, as a 
special Federal responsibility, set-aside funds to operate manpower 
programs for migrant and seasonal farmworkers. The funds are dis- 
tributed to the states by the Department of Labor. 



State Laws and State Agencies Dealing Specifically With 
Migrant Farmworkers 

CONTENTS 



Alabama: I. Labor provisions *. 13 

Alaska: I. Labor provisions 13 

Arizona: I, Labor provisions 14 

Arkansas : 

I. Labor provisions 14 

II. Special agencies dealing with migrant problems 15 

California : 

I. Labor provisions __ 15 

II. Special agencies dealing with migrant problems 18 

Colorado: I. Labor provisions L_ 18 

Connecticut: I. Labor provisions 19 

Delaware : 

I. Labor provisions 20 

II. Special agencies dealing with migrant problems 21 

Florida : 

I. Labor provisions 21 

II. Special agencies dealing with migrant problems 22 

Georgia: I. Labor provisions 22 

Hawaii: I. Labor provisions 23 

Idaho: I. Labor provisions 24 

Illinois : 

I. Labor provisions 24 

II. Special agencies dealing with migrant problems 26 

Indiana: I. Labor provisions. 26 

Iowa: I. Labor provisions 27 

Kansas: I. Labor provisions 27 

Kentucky : I. Labor provisions 28 

Louisiana: I. Labor provisions 29 

Maine : I. Labor provisions 29 

Maryland: I. Labor provisions 30 

Massachusetts : 

I. Labor provisions 31 

II. Special agencies dealing with migrant problems 31 

Michigan: I. Labor provisions 32 

Minnesota : 

I. Labor provisions 33 

II. Miscellaneous laws specifically dealing with migrant farmworkers. :;7 

Mississippi : 1. Labor provisions 40 

Missouri : I. Labor provisions 41 

Montana: I. Labor provisions 45 

Nebraska: I. Labor provisions 45 

Nevada: 1. Labor provisions 46 

New Hampshire : I. Labor provisions -17 

New Jersey : I. Labor provisions 48 

New Mexico: I. Labor provisions 49 

New York: 

I. Labor provisions 50 

II. Miscellaneous laws specifically dealing with migrant farmworkers. 51 
North Carolina: 

I. Labor provisions ._ 52 

II. Miscellaneous laws dealing specifically with migrant farmworkers. 52 

(ID 
71-783— 7G- 2 



12 

Page 

North Dakota: I. Labor provisions 53 

Ohio: I. Labor provisions 53 

Oklahoma: 

I . Labor provisions 54 

II. Special agencies dealing with migrant problems 55 

Oregon: 

I . Labor provisions .",." 

II. Miscellaneous laws dealing specifically with migrant farmworkers. .".7 

Pennsylvania: I. Labor provisions :,7 

Rhode Island: I. Labor provisions 58 

South Carolina: I. Labor provisions. 58 

South Dakota: I. Labor provisions 59 

Tennessee: I. Labor provisions 60 

Texas: 

T . Labor provisions 01 

II. Special agencies dealing with migrant problems 63 

Utah: I. Labor provisions 63 

Vermont: I. Labor provisions 64 

Virginia: I. Labor provisions 65 

Washington: I. Labor provisions 66 

West Virginia: I. Labor provisions , 67 

Wisconsin: I. Labor provisions 67 

Wyoming: I. Labor provisions 69 



Alabama 
i. labor provisions 

Minimum Wage. — There is no minimum wage law in Alabama. 

Collection oj Wages. — Agricultural labor would not be covered by 
wage payment provisions. Ala. Code, Tit. 48, § 474. 

Hours. — There are no maximum hours provisions in Alabama. 

Child Labor. — Agricultural labor is exempt from the minimum age 
provisions applicable in other employments. Ala. Code, Tit. 26, § 343 
and § 357. Agricultural labor is exempt from maximum hours pro- 
visions applicable to minors in other employments, Ala. Code, Tit. 26, 
§ 343. No emplovment certificate is needed for farm labor jobs. Ala. 
Code, Tit. 26, § 352. 

Working Conditions. — Agricultural employees are exempt from 
state health and safety provisions. Ala. Code, Tit. 26, § 12. 

Labor Contractors. — No provisions found. 

Organization-Collective Bargaining. — There is no comprehensive 
state labor relations law. Provisions of other labor laws, including the 
right to work law, would be broad enough to include farmworkers. 
Ala, Code, Tit. 26, § 375. 

Workmen's Compensation. — Coverage of agricultural labor under 
workmen's compensation laws is elective only. Ala. Code, Tit. 26, 
§ 263. 

I nemployment Compensation. — Agricultural labor is excluded from 
unemplojTiient compensation. Ala. Code, Tit. 26, § 186(K)(1). 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 

Alaska 
i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from minimum 
wage and overtime provisions. Alaska Stat., § 23.10.055. 

Collection of Wages. — Wage pa^mient provisions are broad enough to 
include agriculture. Alaska Stat., § 23.05.140a. 

Hours.- — Maximum hours provisions apply to specified categories 
of workers, not including agriculture. Alaska Stat. § 43-2-2. 

Child Labor. — During school hours the minimum age for employ- 
ment is 16. Outside school hours, the minimum age for employment in 
agriculture is 14. Maximum hours legislation for minors applies to 
agricultural workers under the age of 16. Alaska Stat., §§ 23.10.335 
to 340. 

Working Conditions. — Provisions of the health and safety statutes 
are broad enough to include agricultural workers, but do not specif- 
ically mention them. Alaska Stat., § 43-2-21. 

Labor Contractors. — No provisions found. 

(13) 



14 

Organization-Collective Bargaining. — There is no state labor rela- 
tions act or right to work law. Provisions of other labor laws would be 
broad enough to include farmworker-. 

Workmen's Compensation. — "Harvest help" i^ exempt from the 
compulsory coverage of Alaska's workmen's compensation. Alaska 
Stat., § 23.30.230. 

Unemployment Compensation. — Agricultural Labor is exempt from 
unemployment compensation. Alaska Stat}, § 23.20.526(15). 

Transportation. -Provisions involving the transportation of em- 
ployees for hire exist although agricultural labor is not specifically 
mentioned. Alaska Stat.. §§ 23.10.375 to 400. 

Employee Housing. — No provisions found. 

Arizona 
i. labor provisions 

Minimum Wage 1 , — The minimum wage law covering minors exempts 
agricultural labor. Ariz. Rev. Stat. Ann. § 23-311. 

Collection of Wages. — Wage payment provisions are broad enough 
to include f armworkers. Ana. Rev. Stat. Ann. § 23-351. 

Hours. — Maximum hours provisions can be found in w r age orders. 
Agricultural labor is exempt. Ariz. Rev. Stat. Ann. § 23-31 1. 

( liild Labor. — Agricultural labor is exempt from the maximum hours 
provisions applicable to minors in other employment. Ariz. Rev. Stat. 
Ann. § 23-244. No minimum wage provisions are in force for employ- 
ment in agriculture outside of school hours. Minors over 14 may be 
excused from school to work with parental consent. Ariz. Rev. Stat. 
Ann. § 15-321(6). Children under 16 are not permitted to use picker 
machines. Ariz. Rev. Stat. Ann. § 23-232. 

Working Conditions. — Farm labor is not expressly excluded from 
the law creating the Division of Safety which may have regulations 
covering agricultural working conditions. Ariz. Rev. Stat. Ann. § 23-401 
et. seq. 

Labor Contractors. — Xo provisions found. 

Organization-Collective Bargaining. — A seven member Farm Labor 
Relations Board is composed of persons appointed by the Governor. 
Procedures are provided under which farm workers may organize. 
Ten day restraining orders are authorized during harvest time and 
compulsory arbitration. Ariz. Rev. Stat. Ann. § 23-1 3S6. 

Workmen 7 s Compensation. — Compulsory coverage exists in agricul- 
tural labor if machinery is used and the employer employs three or 
more workers. Other agricultural workers qualify for voluntary 
coverage. Ariz. Rev. Stat. Ann. § 23-902.^ 

Unemployment Compensation. — Agricultural labor is exempt from 
coverage. Ariz. Rev. Stat. Ann. § 23-617. 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 

Arkansas 

i. labor provisions 

Minimum Wage. — The Arkansas minimum wage law exempts three 
classes of agricultural laborers. If the employer did not use more than 



15 

500 man-days of agricultural labor in any calendar quarter of the 
preceding year, his employees are exempt from minimum wage pro- 
tection. A hand harvest laborer employed on a piece rate basis in a 
customarily recognized piece-rate crop, who commutes daily from his 
permanent residence and worked in agricultural labor less than 13 
weeks in the preceding year, is exempt from the minimum wage. A 
migrant who is 16 or younger, employed on a piece rate basis on the 
same farm as his parents and is paid the same rate as employees over 
16, is exempt from the minimum wage law. Ark. Stat. Ann. §§81- 
320(g)(6), (8), (9). 

Collection oj Wages. — Corporations are covered by the wage pay- 
ment statute. Ark. Stat. Ann. § 81-301. 

Hours. — Maximum hours provisions apply to females in specified 
occupations. Agricultural labor is specifically exempt. Ark. Stat. Ann. 
§81-601. 

Child Labor. — The minimum age for employment during the school 
term is 14. Between the ages of 14 and 16 an employment certificate is 
required. Agricultural labor is not exempt from the maximum hours 
law applicable to other minors. Ark. Stat. Ann. §§ 81-701 to 81-706. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — There is no state labor re- 
lations act. Provisions of other laws, such as the right to work law, are 
broad enough to include farmworkers. 

Workmen's Compensation. — Agricultural labor is exempt from the 
compulsory provisions of the workmen's compensation law. Voluntary 
coverage is available. Ark. Stat. Ann. § 81-1302(c)(l). 

Unemployment Compensation. — Agricultural labor is excluded from 
unemployment compensation coverage. Ark. Stat. Ann. § 81— 1103(i) 

Transportation. — No provisions found. 
Employee Housing. — No provisions found. 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

Department of Labor. — Under the statute creating the state depart- 
ment of labor and outlining its duties, authority over farming is ex- 
pressly denied. Ark. Stat. Ann. §81-101. Other labor statutes, not 
expressly exempting agriculture, but enforceable by the department, 
could be interpreted as not applying to agriculture. 

California 

i. labor provisions 

Minimum Wage. — Minimum wages are set by administrative order. 
Cal. Labor Code §§ 1171 to 1204. Administrative order #1-74 effective 
March 4, 1975 provides for the following wage rates: 

2.030 — Minimum Wage Kates — Agricultural Occupations 
Piece Work Employees 

Employer hiring adults on a piece rate basis shall pay piece rates 
sufficient to yield not less than $2.00 per hour to 80 percent of the 
adults employed in an agricultural occupation in each pay period. In 
no event shall the adult employees be paid less than $1.70 per hour. 



16 

Inapplicable to employer employing less than five employees. If at 
any one time during a calendar year an employer has in his employ 

five or more employees, those provisions shall be applicable to such 
employer through such calendar year. 

Employer hiring minors age 16 and 17 on a piece rate basis -hall 

pay piece rates sufficient to yield not less than $1.70 per hour to 80 
percent of the minors, 16 years old or over, in each pay period. In no 
event -hall they he paid less than $1.55 per hour. Minors under 16 
shall be paid not less than $1.25 per hour for all hours worked. Inap- 
plicable to employer employing loss than five employees. If at any 
one time during a calendar year an employer has in his employ five 
or more employees, these provisions shall be applicable to such em- 
ployer through such calendar year. 

Other than Piece Work Employees 

Employer shall pay to each employee wages not less than $2.00 
per hour for all hours worked except: 

(1) Learners. Employees during their first one hundred and 
sixty (160) hours of employment in occupations in which they 
have no previous similar or related experience, for whom the rate 
of pay shall be not less than one dollar and seventy cents ($1.70) 
per hour. 

(2) Minors may be paid one dollar and seventy cents ($1.70) 
per hour; provided that the number of minors employed at said 
lesser rate shall not exceed twenty-five percent (25%) of the 
persons regularly employed in the establishment. An employer 
of less than ten (10) persons may employ three (3) minors at 
said lesser rate. 

(3) Student Workers. A student is a person who is attending a 
school pursuing a systematic educational program to achieve 
proficiency in an activity requiring specific educational training. 
The status of student shall not be lost by absences from school 
which do not continue longer than six (6) months. The rate of 
pay for Student Workers shall be not less than one dollar and 
seventy cents ($1.70) per hour. 

Inapplicable to employer employing less than five employees en- 
gaged in agricultural occupations. If at an}* one time during a calendar 
year an employer has in his employ five or more persons engaged in 
agricultural occupations, these provisions shall be applicable to such 
employer through such calendar year. 

2.052— Waiting, Call-Pay 

Each day an employee is required to report for work and does re- 
port, but is not put to work, such employee shall be paid for at least 
two hours at such employee's regular rate of pay. 

If an employee is required to report for work and is put to work, 
such employee shall receive a minimum of four hours' work of four 
hours' pay at such employee's regular rate of pa}*. When the usual or 
scheduled day's work is four hours or less, such employee shall be paid 
not less than two hours at such employee's regular rate of pay. 

The reporting time pay provisions are inapplicable when (1) opera- 
tions cannot commence or continue clue to threats to employees or 
property, or when recommended by civil authorities; or (2) public 



17 

utilities fail to supply electric, water, or gas, or there is a failure in 
the public utilities sewer system; or (3) the interruption of work is 
caused by an Act of God or other cause not within employer's control. 
If an employee is required to work a split shift in any one day and is 
furnished less than two hours of work on the second reporting, said 
employee shall be paid two hours at the employee's regular rate of 
pay. 

The reporting time pay provisions are not applicable to agricultural 
emplo3 r er employing less than five employees. If at any one time during 
a calendar year such employer has in his employ five or more em- 
ployees, these provisions shall be applicable to such emplo} T er through 
such calendar year. 

Collection of Wages. — If the farm laborer is lodged by the employer, 
he is entitled to payment of wages at least monthly. If the farm 
laborer is employed by a farm labor contractor, he is to be paid at least 
bi-weekly with a four day holdover. Cal. Labor Code § 205. The farm 
labor contractor is required to furnish an itemized statement showing 
deductions from pay. Cal. Labor Code § 1696.5. 

Hours. — Farm laborers are exempt from maximum hours provisions 
applicable to other laborers. Cal. Labor Code § 554. 

Child Labor. — Minors under the age of 18 years shall not be em- 
ployed in any agricultural occupation for more than 20 hours in any 
school week in which such minor is required by law to attend school. 
Minors 16 and 17 years of age shall not work in any agricultural 
occupation more than six hours on a day they are required to attend 
school. Minors 14 and 15 years of age shall not work in any agricultural 
occupation more than four hours on a school da}'. Holidays and days 
school is not in session are not included in this provision. Cal Educ. 
Code^ § 12,774, as amended by Ch. 144 (1975 laws), Sec. 3. School 
districts are authorized to issue work permits to minors between 12 
and 18 during school vacations, so that the minimum age for summer 
employment can be assumed to be 12. Fourteen is the minimum age 
for employment during the school session. Cal. Educ. Code § 12,768- 
12,769. A school district can rescind a work permit if health or school 
work is impaired. Cal. Educ. Code § 12,774. An agricultural employer 
is required to post notice of work permit requirements. Cal. Educ. Code 
§ 12,781. 

Working Conditions. — The Division of Industrial Safety is respon- 
sible for administering the state plan for the development and enforce- 
ment of occupational safety and health standards. Cal. Labor Code 
§ 6300 et. seq. 

Labor Contractors. — Farm labor contractors are required to be 
licensed and are subject to regulations promulgated by the Labor 
Commissioner. Cal. Labor Code §§ 16S2 to 1699. 

Organization — Collective Bargaining. — The California Agricultural 
Labor Relations Act, effective August 29, 1975, extends organization, 
representation and collective bargaining rights to agricultural workers. 
This Act also creates an agricultural labor relations board consisting 
of five members appointed by the Governor, with the advice and 
consent of the Senate. Ch. 1, lS. 1975-1976 (3d Extraordinary Session). 

Workmen's Compensation. — No express provisions exempt farm- 
workers, therefore they would be covered in California. Cal. Labor 
Code § 3352. 



18 

Unemployment Compensation, — Agricultural employees arc entitled 
to temporary disability payments bu1 axe excluded from unemploy- 
ment compensation. OaL Unep, Ins, Code §§2606 and 4002. 

Transportation. — A vehicle carrying seven or more agricultural 
worker- must meet safety standards set out hi the Vehicle Code. Cal. 
Vehidi Code §§ 322, 31,400 and 31,401. After July 1, 1975 no person, 
other than a person who possesses a scnoolbus driver's certificate shall 
operate a farm labor truck unless he has a driver's license for the 
appropriate class of vehicle to be driven and the proper certificate 
issued by the Department of Motor Vehicles. Cal. Vehicle Code 
§ 12,519. 

Employment Agencies. — The state will not maintain an employment 
agency for farm labor if federal funds provide for a farm placement 
bureau. Cal. Unep. Ins. Code §2054. Private farm labor employment 
services are required to be licensed. Cal. Bus. cC' Prof. Code § 9941(5). 
Farm labor contractors are exempt from the employment agency 
provisions. Cal. Bus. cfr Prof. Code § 9913. 

Employee Housing — Labor Camps. — The Employee Housing Act 
established a Commission and a Department of Housing and Commu- 
nity Development. Labor camps are required to obtain a permit to 
operate and must abide by regulations providing standards for con- 
struction, use, sanitation and maintenance of the camps. Cal Labor 
Code §§2610-2646. 

The Farm Labor Center Law authorizes the Department of Housing 
and Community Development to guide local agencies in obtaining 
federal funds for construction and maintenance of public housing 
for migrants. Cal Health & Safety Code §§ 36,050 to 36,068. 

4 \lien Employment. — Civil action and fines were authorized against 
an employer who knowingly employed an illegally admitted alien if the 
employment had an adverse effect on lawful resident workers. Cal. 
iMbor Code § 2805. This section has been declared unconstitutional by 
the California Court of Appeals as encroaching upon the federal scheme 
dealing with immigration. Dolores Canning Co., Inc. v. Milias, 115 
Cal. Rptr. 435, 40 C.A. 3d 673 (1974). 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

Department of Human Resources Development. — This agency was 
created to implement the migrant labor provisions of the Employ- 
ment Opportunity Act of 1964. Cal. Gov't. Code § 11,200. 

Local Application Advisory Board. — A Board of five members 
appointed by the Governor representing growers, labor, government 
and the public evaluates and recommends action on local applications 
for O.E.O. funds. Cal Gov't. Code §§ 7100 to 7102. 

Colorado 

i. labor provisions 

Minimum Wage. — Minimum wage is to be set by wage order for 
women and minors under 18 "in any occupation." Colo. Rev. Stat. 
Ann. §§8-6-105 and 8-6-106. 



19 

Collection of Wages. — Payment of wages to farm laborers must be 
made monthly even if lodging is provided. Colo. Rev. Stat. Ann. 
§ 8-4-105. 

Hours. — Maximum hours provisions provide eight hour days for 
specific categories of workers, farmworkers not included. Colo. Rev. 
Stat. Ann. §§8-13-101 to 8-13-111. 

Child Labor. — Outside school hours, the minimum age for employ- 
ment in agricultural labor is 12. Colo. Rev. Stat. Ann. § 8-12-107. 
The statute, however, specifically states that the legislators encourage 
eligible migrant children to attend migrant education schools. Colo. 
Rev. Stat. Ann. § 8-12-107. Maximum hours legislation for those 
under 16 during the school term provides for 6 hours per day employ- 
ment but does not specificallv refer to agricultural workers. Colo. 
Rev. Stat. Ann. § 8-12-105, as amended by H.B. 1522, L. 1973. 

Working Conditions. — No provisions found specifically applicable 
to migrant workers. 

Labor Contractors. — Farm labor contractors are required to keep 
comprehensive payroll records and to issue detailed wage statements 
to farm laborers. The Director of the Division of Labor is to compile 
periodic reports of these records and present them to the Governor's 
Commission on Migrant Labor. Colo. Rev. Stat. Ann. § 8-4-102. 

Organization. — Collective Bargaining. — Farm and ranch laborers 
are exempt from coverage under general labor relations laws and under 
the Labor Peace Act. Colo. Rev. Stat. Ann. §§8-1-101 and 8-3-104. 

Workmen's Compensation. — Farm labor employers are subject to the 
compulsory workmen's compensation law if they employ four or more 
farm labor employees. Colo. Rev. Stat. Ann. § 8-41-105. 

bnemployment Compensation. — Agricultural labor is exempt. Colo. 
Rev. Stat. Ann. § 8-70-103. ^ 

Transportation. — No provisions found. 

Employee Housing. — County government is granted authority to 
establish a county housing authority to oversee low-cost housing 
projects for agricultural and other low-income workers. Colo. Rev. 
Stat. Ann. § 29-4-501 et. seq. 

Labor Camps. — The Department of Public Health is given au- 
thority to enforce sanitary standards for industrial and labor camps. 
Colo. Rev. Stat. Ann. §25-1-107. The Occupational and Health 
Standards Board has adopted standards for labor camps pursuant 
to Colo. Rev. Stat. Ann. § 8-11-104. 

Connecticut 
i. labor provisions 

Minimum Wage. — The 1971 minimum wage law amendments stated 
that agricultural laborers are entitled to $1.61/hr. effective October, 
1971, $1.70/hr. effective October, 1972, $1.85/hr. effective October, 
1973. The law does not set piece work rates. Conn. Gen. Stat. Ann. 
§ 31-58(j). Minors between the ages of 14 and 18 who are agricultural 
employees are to be paid not less than 85% of the minimum fair wage 
set for adults. Conn. Gen. Stat. Ann. § 31-58a. 

Collection of Wages. — Provisions of the wage payment statutes are 
broad enough to include farmworkers. Conn. Gen. Stat. Ann. § 3 1-71 a. 



20 

Hours: Agricultural labor is exempt from the work-week provisions. 

Conn. Gen/Stat. Ann. §31-76i(k). 

Child Labor. — If an employer employs more than 15 workers in a 
week period, he is then subject to the child labor laws. The laws re- 
quire the employer to possess a birth certificate or work permit for 
minors he employs. The minimum age for employment at any time is 
14. A minor 14 or 15 is subject to maximum hours legislation. The 
Commissioner of Agriculture can establish regulations for the adminis- 
tration of the laws dealing with the employment of minors. Conn. Gen. 
Stat. Ann. §§22-13 to 22-17. 

Working Conditions. — The provisions of the 1973 Occupational 
Safety and Health Act do not specifically exclude migrant workers. 
Conn. Gen. Stat. Ann. § 31-368 et. seq. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — Agricultural workers are ex- 
empt from the Connecticut labor relations law. Conn. Gen. Stat. Ann. 
§31-101(7). 

Workmen's Compensation. — Connecticut workmen's compensation 
law is compulsory and there is no exemption for agriculture. Conn. 
Gen. Stat. Ann. §§ 31-275 to 31-355. 

"Unemployment Compensation. — Agricultural laborers are exempt 
from compulsory coverage but thev may be voluntarily covered. 
Conn. Gen. Stat. Ann. § 31-222. 

Transportation. — No provisions found. 

Employee Housing. — Labor camps. The Commissioner of Agricul- 
ture, Conservation and Natural Resources is authorized to issue 
regulations concerning the standards of living quarters. Conn. Gen, 
Stat. Ann. § 22-17a. 

Delaware 

I. LABOR PROVISIONS 

Minimum Wage. — The minimum wage law exempts agricultura 
labor. Del. Code Ann. Tit. 19, § 901(e)(1). 

Collection of Wages. — Wage payment provisions are broad enough 
to include agriculture. Del. Code Ann. Tit. 19, § 1102. 

Hours. — No provisions found. 

Child Labor. — Agricultural labor is exempt from the child labor 
wages and hours laws. Del. Code Ann. Tit. 19, § 501(b). 

Working Conditions. — Provisions apply to specified classes of 
workers, not including farmworkers. Del. Code Ann. Tit. 16, § 7701, 
3505. 

Labor Contractors. — No provisions found. 

( Organization — Collective Bargaining. — There are no labor relations 
or right to work laws. 

Workmen's Compensation. — Agricultural labor is exempt from 
coverage. Del. Code Ann. Tit. 19, § 2307. 

Unemployment Compensation. — Agricultural labor is exempt from 
coverage. Del. Code Ann. Tit. 19, § 3302. 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 

Employment Discrimination. — Agriculture exempt from the employ- 
ment discrimination law. Del. Code Ann. Tit. 19, § 710(3). 



21 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

Department of Labor. — In the provisions outlining the duties of the 
Department, agriculture is specifically exempted from all provisions 
of the chapter. Del. Code Ann. Tit. 19, § 101(b). Farm labor may 
therefore be exempt from all provisions which do not specifically refer 
to such labor. 

Florida 

i. labor provisions 

Minimum Wage. — There is no minimum wage law in Florida. 

Collection of Wages. — -Farm labor contractors are to make written 
statements in English and Spanish, if applicable, stating the compensa- 
tion rate received by the farm worker and the rate paid to other 
workers. Fla. Stat. Ann. § 450.33. 

Hours. — Ten hours per day is the legal work day for an employee 
in "manual labor" but this can be changed by contract. Farm workers 
are not specifically excluded or exempted. Fla. Stat. Ann. §448.01. 

Child Labor. — Spraying of insecticides by persons under 16 years of 
agjBj where the insecticides may cause harm by contact or inhalation, 
is prohibited. Fla. Stat. Ann. §450.061. No minimum age laws are 
applicable to farm labor employment when school is not in session. 
Fla. Stat. Ann. §450.011. If school is not in session a farm laborer 
is not required to have an employment certificate if the laborer is 
working for a bonafide farmer or group of farmers; however, a 
certificate is required if the laborer is working for a contract harvester, 
crewleader, or the like. Fla. Stat. Ann. § 450.111. If school is in session 
the minimum age for employment is 16, unless the minor is legally 
excused from school, in which case the minimum age is 12 years. 
Fla. Stat. Ann. §450.021. Maximum hours provisions specifically 
exempt farm laborers from coverage. Fla. Stat. Ann. § 450.081(4). 

Working Conditions. — -No applicable provisions. 

Labor Contractor's. — -Farm labor contractors are required to register 
with the administrator of the farm labor and rural manpower service. 
They are to keep wage records and take out insurance for all trans- 
portation vehicles. Fla. Stat. Ann. §§ 450.27 and 450.38. 

Organization — Collective Bargaining. — -Florida has no general labor 
relations act comparable to the Federal Labor-Management Relations 
Act. 

Workmen's Compensation. — -Agricultural labor is exempt from 
Workmen's Compensation if "agricultural labor performed on a 
farm in the employ of a bona fide farmer, or association of farmers, 
who employs five or less regular employees and who employs less than 
twelve other employees at one time for seasonal agricultural labor 
that is completed in less than 30 days, provided such seasonal employ- 
ment does not exceed 45 da} T s in the same calendar year." Fla. Stat. 
Anil. §440.02. 

Unemployment Compensation. — Agricultural labor is exempt from 
unemployment compensation provisions. Fla. Slat. Ann. § 443.03(1) (1) 

Transportation. — Safety and inspection requirements for vehicles 
transporting migrant laborers are set by statute. Fla. Stat. Ann. 
§317.9931-317.9933. Non-resident farmworkers are exempt from 



22 

Florida driver's license and registration requirements for hauling on 
the farm. Fla. Stat. Ann. § 332.04 and 320.32. 

Employee Housing. — -Labor Camp9 are required to be licensed by 
the division of health of the Department of Health and Rehabilitative 
Services. The division is to issue regulations regarding the standards 
of the camps. Fla. Stat. Ann. §§ 381.422, 381.432-381.482. 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

Division oj Migrant Labor. — Within the Department of Community 
Al 1'aiis, the division is to enforce the migrant labor camp law and 
coordinate operation of other state and federal laws, and agencies 
affecting migrants. Fla. Stat. Ann. §450.191. 

Legislative Commission on Migrant Labor. — A permanent joint 
committee of the Florida legislature consists of six members. It can 
establish an advisory committee with members representing state 
agencies, growers and labor organizations. Fla. Stat. Ann. § 450.201. 

Interstate Migrant Labor Compact. — -Florida has enacted an inter- 
state migrant labor compact, the provisions of which are at Fla. 
Stat. Ann. § 450.251 et. seq. 

Court Decision. — In United Farmworkers of Florida Housing Project, 
Inc. v. City of Delray Beach, the Fifth Circuit Court of Appeals held 
that the city's refusal to permit a proposed housing project to tie 
into its water and sewer systems was racially discriminatory. The 
housing project was to be built by an association of minority migrant 
workers. The court ordered the city officials to issue the requested 
permit and allow the farmworkers' housing project access to the 
city's services. (493 F. 2d 799 (5th Cir. 1974)). 

Georgia 
i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage law. Ga. Code Ann. § 54-1202. 

Collection oj Wages. — -Farming is exempt from a biweekly payment 
provision. Ga. Code Ann. § 66-102. 

Hours. — Maximum hours provisions apply to certain categories of 
laborers not including farmworkers. Ga. Code Ann. § 54-201. 

Child Labor. — •Agricultural labor is exempt from the child labor 
provisions. Ga. Code Ann. §54-301. 

Working Conditions. — Agricultural labor is excluded from health 
and safety provisions. Ga. Code Ann. § 54-101. 

I /lb or Contractors. — No provisions found. 

Organizat ion — Collective Bargaining. 
empt from the strike regulation law. An example of a seasonal industry 
is given in the statute as millinery. Farmworker unions would probably 
also be exempt. Ga. Code Ann. § 54-704. Provisions of other labor 
laws, eg., right to work laws, would be broad enough to include farm- 
workers. Ga. Code Ann. §54-901. 

Workmen's Compensation. — -Agricultural labor is exempt from work- 
men's compensation. Ga. Code Ann. § 114-107. 



23 

Unemployment Compensation. — The Commissioner is authorized to 
prescribe regulations applicable to "seasonal workers" to determine 
under what conditions unemployment compensation benefits shall be 
payable to such workers. Ga. Code Ann. § 54-607. 

Transportation. — -No provisions found. 

Employee Housing. — No provisions found. 

Hawaii 
i. labor provisions 

Minimum Wage. — Agricultural labor is subject to the minimum 
wage law if the employer employs 20 or more individuals during a 
workweek. Coffee harvesting employees, however, are specifically 
exempt. Hawaii Rev. Stat. Sec. 387-1. Overtime provisions apply if 
there is more than 48 hours of work in agriculture in a week period. 
Hawaii Rev. Stat. Sec. 387-3 (e). 

Collection of Wages. — Provisions of the wage payment statute are 
broad enough to include agricultural employee*. Hawaii Rev. Stat. 
Sec. 95-2. 

Hours. — -Refer to overtime provisions above. 

Child Labor. — A special statute permits minors under 14 to work in 
the harvesting of coffee if there is a labor shortage of adults. Hawaii 
Rev. Stat. Sec. 390-2 (d). During the school term the minimum age for 
agricultural employment is 16, but an employment certificate is 
required. Hawaii Rev. Stat. Sec. 390-2. A minor between the ages of 
14 and 16 can work during the school term if excused by school 
authorities. He is also subject to the maximum hours legislation. 
Hawaii Rev. Stat. Sec. 390-2 (c). It can be inferred from the statutes 
that 14 is the minimum age for agricultural employment when school 
is not in session, except for the coffee harvesting provi*ions. 

Working Conditions. — -The industrial safety statute is general and 
does not mention agricultural employment. Hawaii Rev. Stat. Sec. 396. 

Labor Contracts. — -No provisions found. 

Organization — Collective Bargaining. — The Employment Relations 
Act does not specificallv cover or exclude agricultural labor. Hawaii 
Rev. Stat. Sec. 377-1. 

Workmen's Compensation. — Agricultural labor would be covered by 
the compulsory provisions of the law as there is no exception for 
agricultural labor. Hawaii Rev. Stat. Sec. 386-1. 

Unemployment Compensation. — Special unemployment compensa- 
tion provisions exist for agriculture if the employer has less than 20 
employees in a workweek, Hawaii Rev: Stat. Sec. 384-1. If the em- 
ployer employs more than 20, then the laborer is covered by the 
regular provisions of the statute. Hawaii Rev. Stat. Sees. 383-7, 393-9. 
Temporary disability insurar.ee has no exception for agriculture. 
Hawaii Rep. Stat. Sec. 392-1. 

Transportation. — Xo provisions found. 

Employee Housing. So provisions found. 



24 

Idaho 
i. laiior provisions 

Minimum Wage. — Agricultural labor i> exempt from the state 
minimum wage law. Idaho ( ode §44-1504. 

Collection oj Wages. — Provision is general with no specific reference 
to agricultural labor. Idaho Code §§45-601 to 45-615. 

Hours. — Females harvesting fruits and vegetables are specifically 
excluded from minimum hours laws. Idaho Code § 44-1107. However, 
this provision was declared unconstitutional in Idaho Trailer Coach 
Ass'n v. Brown, 95 Idaho 910, 523 P. 2d 42 (1974). 

Child Labor. — Minimum age when school is not in session is 12. 
Minimum age when school is in session is 16. Agricultural labor is 
treated the same as all other occupations emploving minors. Idaho 
Code §44-1301. 

Working Conditions. — Xo provisions specifically applicable to farm 
labor. 

Labor Contracts. — No provisions found. 

Organization-Collective Bargaining. — An Idaho agricultural labor 
board with 5 members, 2 nominated by labor organizations, 2 nomi- 
nated by growers, and 1 from a mutually agreed upon list is to enforce 
the agricultural labor relations act. This act provides procedures for 
establishing bargaining units and collective bargaining. S. B. 1604, 
L. 1972, as amended by S. B. 1300, L. 1974, effective July 1, 1974. 

Workmen's Compensation. — Agricultural labor is exempt from the 
compulsory coverage provisions of the workmen's compensation act. 
Voluntary coverage is permitted. Idaho Code §§ 72-212 and -213. 

Unemployment Compensation. — Agricultural labor is exempt from 
unemployment compensation. Idaho Code §§ 72-1304 and -1316. 

Transportation. — Xo provisions found. 

Employee Housing. — County Commissioners are authorized by 
statute to cooperate with the federal programs for migrant housing. 
Idaho Code § 31-856. Another statute gives the state authority to sell 
land to the federal government for migrant housing programs. Idaho 
Code § 58-705. 

Illinois 

i. labor provisions 

Minimum Wage. — The Minimum Wage Act exempts employees 
who work for an employer with less than five full time employees. 
III. Ann. Stat. Ch. 48, Sec. 1003(d)(1). Agricultural labor is exempt 
from the law if the employer did not use more than 250 man days of 
agricultural labor during any quarter of the preceding calendar year. 
A hand harvest laborer who is paid on a piece rate basis for a crop 
customarily paid in that manner, who commutes to the farm from a 
permanent residence, and who worked less than thirteen weeks in the 
previous year in agricultural labor, is also exempt from the minimum 
wage law. ///. Ann. Stat. Ch. 48, Sec. 1003 (d)(2). If gratuities are 
provided to a covered employee under the minimum wage law, the 
emplover is still required to pav at least 50% of the minimum wages 
in casn. ///. Ann. Stat. Ch. 48, Sec. 1004 (c). (Note: During the 1975 



25 

Legislative Session, the former exemption for an employer not using 
more than 500 man days of labor was amended to exempt only those 
not using more than 250 man days of labor.) 

Collection of Wages. — The Illinois Wage Payment and Collection 
Act does not exclude from its provisions migrant workers. ///. Ann. 
Stat. Ch. 48, §§39 m-1 to 39 m-15. 

Hours. — Agricultural labor is exempt from the maximum hours law 
providing for an eight hour work day. ///. Ann. Stat. Ch. 48, Sec. 1. 

Child Labor. — Agricultural labor is exempt from the child labor law 
providing for minimum age and maximum hours in employment. 
However, minors under 12 are subject to the minimum age laws. 
Exceptions are made for (1) members of the farmer's family and (2) 
children under 10 when not in school or outside of school hours. 
111. Ann. Stat. Ch. 48, § 31.1 and 31.2, and Public Act #79-912 (1975 
Legislative Session). 

Education laws provide for compulsory school attendance up to the 
age of 16, but school authorities have discretion to waive that provi- 
sion. ///. Ann. Stat. Ch. 122, § 26-1 (3) ; 

Working Conditions. — Farm labor is included in the coverage of the 
Industrial Safety Act. III. Ann. Stat. Ch. 48, Sec. 137.2. 

Labor Contractors. — During the 1975 Legislative Session the follow- 
ing Public Acts were passed: 79-900, 79-901, and 79-902. 

Public Act 79-900 requires that farm labor contractors be certified 
and pay a fee before they can recruit and/or supervise migrant laborers. 

Public Acts 79-901 and 79-902 also have an important effect upon 
migrant laborers. Illinois employers and private emplo}'ment agencies 
must supply a statement in English and in a language which the 
migrant laborer is fluent concerning terms of employment and a 
summary of state laws regarding wages, deductions, and migrant 
labor camps. Also included must be a statement as to the existence 
of any strike, or other concerted stoppage, slow down or interruption 
of the work by the employees of such employer at the site of the 
proposed emplo}^ment. 

The sections of the Illinois Code which relate to labor contractors 
are: III. Ann. Stat. Ch. 48, §§ 184.1 to .3 and 197 (j) (1) to (3). 

Organization-Collective Bargaining. — There is no general labor re- 
lations act in effect. 

Workmen's Compensation. — During the 1975 Legislative Session > 
Public Act 79-79 was passed. It amends workmen's compensation 
coverage to cover any agricultural employers who employ less than 
245 man days of labor during any calendar year. Excluded are the 
agricultural employer's spouse or any other member of his immediate 
family residing with him. 

See 111. Ann. Stat. Ch. 48, § 138.3(15). This is the section affected 
by the 1975 amendments. 

Workmen's Occupational Diseases. — The 1975 Legislative Session 
enacted Public Act 79-78 which removes the exemption for agricul- 
tural labor from § 1 of Illinois Workmen's Occupational Diseases 
Act 111. Ann. Stat. Ch. 48, § 172.36. 

Unemployment Compensation. — Agricultural labor is exempt from 
unemployment compensation provisions. 111. Ann. Stat. Ch. 48, § 324. 



26 

Transportation, — While there are no specific provisions applicable 
to faun labor workers, Public Act 79-900 (1975 Legislative Session) 
docs require farm labor contractors to show proof of insurance cov- 
erage for any vehicles used to transport farm laborers. 

Employee Homing, — Labor Camps. The Department of Public 
Health is authorized to issue licenses for the operation of migrant 
labor camps. There exist inspection requirements and space, sanitary 
and other facility requirements. 111. Ann. Stat. Ch. Ill 1/2, § 185.1 to 
I 35.14. The Mobile Home Act and the Recreational Area Licensing 
Act both have clauses expressly excluding migrant labor camps from 
their coverage. 111. Ann. Stat. Ch. Ill 1/2, §§730 and 785. 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

I h partment of Labor. — Effective July 1, 1972, the Department of 
Labor is authorized to study the nature and extent of labor and 
employment problems of migrant agricultural labor. Particular atten- 
tion is to be given to the differences from the problems of resident 
agricultural labor. 111. Ann. Stat. Ch. 127, § 43.15a. 

Indiana 
i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage law. Ind. Stat. Ann. Sec. 22-2-2-3. 

Collection of Wages. — Agricultural labor is exempt from the law 
making wages payable biweekly. Ind: Stat. Ann. Sec. 22-2-5-1. 

Hours. — Agricultural labor is exempt from maximum hours legis- 
lation. Ind. Stat. Ann. Sec. 22-2-1-1. 

Child Labor. — The maximum hours law excludes minors engaged in 
agricultural labor. Ind. Stat. Ann. Sec. 20-8-8-21. Agricultural labor 
is exempt from the law making 14 the minimum age for employment 
when school is not in session. Ind. Stat. Ann. Sec. 20-8.1-4-21. 
Agricultural labor is exempt from the provision requiring an employ- 
ment certificate for minors between 14 and 16 when school is not in 
session, hid. Stat. Ann. Sec. 28-8.1-4-1, as amended by H.B. 1974, 
L. 1975. Employment at farm labor by minors under 10 is forbidden 
unless minor is living with parents. Ind. Stat. Ann. Sec. 20-8.1-4-21. 

Working Conditions. — Agricultural labor is exempt from the work- 
men's occupational disease act. Ind. Stat. Ann. Sec. 22-3-7-9. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — Indiana has no general labor 
relations act. 

Workmen's Compensation. — Agricultural labor is exempt from the 
compulsory provisions of the workmen's compensation act. Employers 
may elect coverage. Ind. Stat. Ann. Sec. 22-3-2-9. 

Unemployment Compensation. — Agricultural labor is exempt. Ind. 
Stat. Ann. Sec. 22-4-8-3. 

Transportation' — No provisions specifically applicable to migrant 
workers found. 

Employee Housing. — Labor Camps. A permit from the State Board 
of Ilea I ill is required to operate a labor camp. The Board can issue 
regulations for the operation of labor camps. Ind. Stat. Ann. Sec. 13—1— 
9-1. 



27 

Iowa 
i. labor provisions 

Minimum Wage. — There is no minimum wage law in Iowa. 

Collection of Wages. — Agricultural workers are included in Iowa's 
Wage Payment Collection Law except for the following persons who 
are not deemed "employees" under the law: 

A. The spouse of the employer and relatives of either the employer 
or spouse residing on the premises of the employer; and 

B. Any person engaged in agriculture as an owner-operator or 
tenant-operator and the spouse or relatives of either who reside on 
the premises while exchanging labor with the operator or for other 
mutual benefit of any and all such persons. (Chapter 90, 1975 Session) 

Hours. — No hours provisions except those concerning minors 
discussed below. 

Child Labor. — Outside school hours the minimum age for employ- 
ment as a migrant laborer is 12; however, the labor commissioner may 
issue a work permit to someone younger if a judge of a juvenile court 
has specifically given approval. Iowa Code Sec. 92.1 (2). Permits are 
required for any migrant laborer under 16. If he is under 14, a permit 
is also required from an R.N. or doctor that the minor is in good health. 
Iowa Code Sec. 92-12. A minor between 12 and 14 may not work prior 
to or during school hours. Iowa Code Sec. 92.3. 

Working Conditions. — No statutes were found specifically appli- 
cable to migrants. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — Iowa has no general labor 
relations law comparable to the Federal Labor-Management Re- 
lations Act. 

Workmen's Compensation. — Agricultural labor is exempt from the 
mandatory provisions. Iowa Code Sec. 85.1. 

Unemployment Compensation. — Agricultural labor is exempt from 
the provisions. Iowa Code Sec. 96.19. 

Transportation. — No provisions found. 

Employee Housing. — Labor Camps. Iowa requires a license to oper- 
ate a migrant labor camp issued by the Department of Health. The 
statute also specifies many health and sanitation requirements. 
Iowa Code Sec. 138.1 to Sec. 138.18. 

Kansas 
i. labor provisions 

Minimum Wage. — Kansas has a minimum wage law for women 
and minors in any "occupation." However, no wage orders are in 
effect. Kan. Stat. Ann. Sec. 44-640. 

Collection oj Wages. — The statute applies to corporate employers 
only and makes no reference to farm labor. Kan. Stat. Ann. Sec. 
44-314. 

Hours. — The statute applies to females in any occupation. No 
orders affecting farm laborers are in effect. Kan. Stat. Ann. Sec. 44-650. 



71-783- 



28 

Child Labor. — The minimum a^e for employment in any occupation 
during school hours is 14. Kan. Stat. Ann. Sec. 38-601. No minimum 
age applies for summer employment except in hazardous jobs. Work 
permits are required if the minor is under 16 and not attending high 
school. Kan. Stat. Ann. Sec. 38-604. 

Working Conditions. — No provisions specifically applicable to 
migrants. 

Labor Contractors. — Any "crew chief" who brings migrant workers 
into Kansas or who is responsible for migrant workers in Kansas 
must register with a local state employment office. Kan. Stat. Ann. 
Sec. 44-127 and 44-129. 

Organization-Collective Bargaining. — The labor management rela- 
tions law is broad enough to permit coverage of farm laborers. Kan. 
Stat. Ann. Sec. 44-801 to 44-817 

Workmen's Compensation. — Agricultural labor is exempt from the 
compulsory provisions. Kan. Stat. Ann. Sec. 44-505. 

Unemployment Compensation. — Agricultural labor is exempt from 
coverage. Kan. Stat. Ann. Sec. 44-703. 

Transportation. — No provisions specifically applicable to farm 
labor. 

Employee Housing. — No provisions found. 

Kentucky 
i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the mini- 
mum wage law. Acts 1974, ch. 391, Sec. 1. 

Collection oj Wages. — Wage payment provisions apply to certain 
categories of workers. For example, the statute requiring payment 
of wages biweekly applies to corporate employers. Ky. Rev. Stat. 
Sec. 337.020. 

Hours. — Maximum hours legislation applies to females in certain 
occupations. None of the categories of occupations include agricultural 
labor. Ky. Rev. Stat. Sec. 337-380. 

Child Labor. — Agricultural labor is exempt from the child labor 
laws. Ky. Rev. Stat. Sec. 339.210. 

Working Conditions. — No statutes found to be specifically applica- 
ble to farm labor. 

Labor Contractors. — No provisions found. 

Organization-Collective Bargaining. — There is no general labor 
management relations law in Kentucky. 

Workmen's Compensation. — Kentucky's workmen's compensation 
law is compulsory for certain categories of hazardous employment. 
One category makes workmen's compensation mandatory in the 
operation of threshing machinery if there are three or more employees. 
Agricultural labor, however, is specifically exempt from the compul- 
sory provisions of the act. Ky. Rev. Stat. Sec. 342.005. 

Unemployment Compensation. — Agricultural labor is exempt. Ky. 
Rev. Stat. Sec. 341.055. 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 



29 

Louisiana 
i. labor provisions 

Minimum Wage. — The minimum wage for women exempts agricul- 
tural labor. La. Rev. Stat. § 23 :355. 

Collection of Wages. — Provisions for payment of wages biweekly 
apply to certain categories of workers which are not broad enough 
to include agricultural labor. La. Rev. Stat. § 23:633. Other provisions 
of the wage statutes would be broad enough to include agricultural 
labor. La. Rev. Stat. § 23:631 et seq. 

Hours. — Women are covered by maximum hours legislation. Women 
employed in agricultural labor are exempt. La. Rev. Stat. §23:332. 

Child Labor. — Agricultural labor is exempt from all child labor 
provisions. La. Rev. Stat. §23:151. Agricultural labor is exempt from 
maximum hours provisions applicable to other minors. La. Rev. 
Stat, §23:315. 

Working Conditions. — Agricultural labor is exempt from a safety 
standards act. La. Rev. Stat. §23:13. 

Labor Contractors. — No provisions found. 

Organization-Collective Bargaining. — Agricultural labor is expressly 
covered by a right to work law. La. Rev. Stat. § 23:881 to 23:888. A 
law prohibiting the importation of strikebreakers from out of state 
does not apply to agricultural labor. La. Rev. Stat. § 23:900 to 23:904. 
Agricultural labor is expressly exempt from the mediation and arbi- 
tration statute. La. Rev. Stat. §23:862(2). 

Workmen's Compensation. — Compulsory coverage exists for only 
certain classes of hazardous employment, none of which includes 
agricultural labor. La. Rev. Stat, § 23:1035. 

Unemployment Compensation. — Agricultural labor is exempt. La. 
Rev. Stat. § 23:1472 (12) (F) # (I). 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 

Maine 
i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage law. Me. Rev. Stat. Ann. tit. 26, § 663. 

Collection of Wages. — Maine's payment of wages statutes do not 
specifically mention agricultural workers. Me. Rev. Stat. Ann. tit. 26, 
as amended by L.D. 991 and chs. 420 & 512, L. 1975. 

Child Labor. — During the school term the minimum age for employ- 
ment of all minors is 15. Me. Rev. Stat, Ann. tit 30, § 25, 42. There 'is 
no applicable provisions for a minimum age when school is not in 
session. Agricultural labor is exempt from a provision requiring minors 
under 16 to acquire a work permit. Me. Rev. Stat. Ann. tit. 26, § 775. 

Working Conditions. — Hazardous working conditions provisions do 
not cover farm labor. Me. Rev. Stat. Ann. tit. 26, § 45-A. 

Labor Contractors. — No provisions found. 

Organization-Collective Bargaining. — Maine has no general labor 
management relations law. 



30 



Workmen's Compensation. Seasonal farmworkers are exempt from 
the mandatory provisions of the workmen's compensation law. Me, 
Her. Stat. Ann. tit. 39, § 148. 

Unemployment Compensation. — Agricultural labor is exempt. Me. 
Eev. Stat Ann. tit. 26, § 104:;. 

Transportation.- No provisions found. 

Employee Housing. — No provisions found. 

Maryland 
i. labor provisions 

Minimum Wage. — Farm labor is exempt from the minimum wage 
law under certain circumstances, as follows. Md. Ann. Code art. 100, 
Sec. 82(e), as amended by Chs. 429 and 780, Ls. 1975, both effective 
July 1, 1975. 

Inapplicable also to individual employed in agriculture if (1) indi- 
vidual is employed by employer who did not use more than 500 
man-days of agricultural labor during any calendar quarter during 
the preceding calendar year; (2) individual is parent, spouse, child or 
other member of his employer's immediate family; (3) individual 
(a) is employed as hand-harvest laborer paid on piece rate basis in 
operation which has been, and is customarily recognized as having 
been, paid on piece rate basis in region of employment, (b) commutes 
dail} T from his permanent residence to farm on which he is employed, 
and (c) has been employed in agriculture less than 13 weeks during 
the preceding calendar year; (4) individual, other than individual 
described in (3), is (a) age 16 or. under, employed as hand-harvest 
laborer and is paid on piece rate basis in operation which has been, 
and is customarily and generally recognized as having been, paid on 
piece rate basis in region of employment, (b) employed on same farm 
as his parent or person standing in place of his parent, and (c) paid at 
same piece rate as employees over age 16 are paid on same farm; or 
(5) individual is principally engaged in range production of livestock. 

Collection of Wages.— The wage payment statute is broad enough 
to cover farm workers. Md. Ann. Code art. 100, Sec. 94. 

Hours. — No provisions specifically applicable to migrants. 

Child Labor. — The definition of ''gainful occupation" excludes 
employment in agriculture outside school hours. The statutes pro- 
viding for minimum ages in agricultural employment all are based 
on "gainful occupations" Md. Ann. Code art. 100, Sees. 4 to 39. 
Children between 6 and 16 are required by the compulsory school 
attendance statute to attend school regularly. Md. Ann. Code art. 77, 
Sec. 92. 

Working Conditions. — No provisions specifically applicable to 
migrants. 

Labor Contractors. — No provisions found. 

Organization Collective Bargaining. — Maryland has no general labor 
management relations act. 

Workmen's Compensation. — The compulsory provisions of the 
workmen's compensation law would apply to migratory laborers who 
operate machinery, but not to other seasonal laborers. Aid. Ann. Code 
art. 101, Sec. 21(8). 



31 

Jjnemployment Compensation. — Farm labor is excluded from cover- 
age. Md. Ann. Code art. 95A, Sec. 20(7). 
Transportation. — No provisions found. 
Employee Housing. — No provisions found. 

Massachusetts 
i. labor provisions 

Minimum Wage. — The minimum wage law provides for % 1 .60 hr. The 
wage law does not provide for piece rate wages. Agricultural and 
seasonal labor are exempt from overtime pay provisions. Mass. G7< >•. 
Lairs, ch. 151, Sees. 1A and 2A. The Commissioner of Labor and In- 
dustry is granted authority to determine the value of lodging. 

Collection of Wages. — Monthly payment of wages is provided for 
agricultural workers. Alass. Gen. Laws. ch. 149, Sec 50. 

Child Labor. — Minors under 17 are exempt from the minimum 
wage law discussed above. Minors over 14 may work during school 
hours in agricultural labor if the}^ have a work permit. Mass. Gen. 
Laws ch. 149, Sec. 168A. Minors under 14 are limited to four hours 
per day in farm work. No minimum age is set. Mass. Gen. Laws ch. 
149, Sec. 56. 

Working Conditions. — No provisions specifically available. 

Labor Contractors. — Labor contractors are required to register with 
the Commissioner of Labor and Industry. Mass. Gen. Laics ch. 149, 
Sec. 168A. 

Organization Collective Bargaining. — The state labor relations act 
provided coverage if the agricultural employer has a permanent 
work force of more than four agricultural workers. It expressly pro- 
vides that the act will not apply if a contract with migrant workers 
has been approved bv the federal government. Mass. Gen. Laws ch. 
150A, Sec. 5 A. 

Workmen's Compensation. — Compensation is elective for employers 
of three or less persons other than farm laborers and workers engaged 
in hazardous occupations. Mass. Gen. Laws ch. 152, Sec. 1. 

Unemployment Compensation. — Agricultural labor is excluded. 
Mass. Gen. Laws ch. 151 A, Sec. 6. 

Transportation. — No provisions specifically applicable to migrants. 

Employment Agencies. — State employment agencies are to inform 
alien agricultural workers if there are strikes in progress and are to 
comply with the regulations in the employment of agricultural workers. 
This section does not specifically mention "migrants". Mass. Gen. 
Laws ch. 149, § 162. 

Employee Housing. — Labor camps. Visitation rights are specifically 
guaranteed to migrants housed in labor camps. The superior courts 
are granted equity jurisdiction to enjoin violations of this section. 
(L. 1971, ch. 373). The Department of Health is required to make 
annual inspections of farm labor camps and a procedure for filing 
complaints is set out. Mass. Gen. Laws ch. Ill, § 128b and 128H. 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

Health. — If a contract for migrant labor is not approved by- the 
federal government after 10 days of employment the emplo3-er must 



32 

provide health insurance. The amounts are given in the statute. Mass 
Gen. Laws. ch. 151, Sec. 2B. 

Michigan 
i. labor provisions 

Minimum Wage. — Exempt from the minimum wage law are 
employees of agricultural fruit growers, pickle growers, and tomato 
growers or employees of other agricultural employers who traditionally 
contract for harvesting on a piecework basis. Mich. Corny. Laws 
Ann. § 123.4. The agricultural piece work rates are determined by 
the Wage Deviation Board to be equivalent to the prevailing mini- 
mum hourly wage rate applicable to the harvesting of vegetables, 
fruits, etc. Mich. Rule 408.712. 

Collection of Wages. — No provisions specifically applicable to 
migrants. 

Hours. — Farm laborers are exempt from a provision which compels 
employers to pay overtime to employees who are required to work 
more than 10 hours per day. Mich. Corny. Laws Ann. §408.405. 

Child Labor. — The Juvenile Employment Act does not apply to 
farm work. Mich. Corny. Laws Ann. § 409.14. 

Working Conditions. — No provision specifically applicable to 
migrant labor. 

Labor Contractors. — Emigrant farm labor agents are required to be 
licensed by the state director of labor. Mich. Comp. Laws Ann. 
§§286.651 to 286.657. 

Organization Collective Bargaining. — Agricultural labor is excluded 
rom the labor mediation act. Mich. Comp. Laws Ann. §423.1(2). 

Workmen's Compensation. — The Michigan statute provides: 

418.115 Private employers, agricultural employers; public employers; 
applicability of act; relatives as employees 

Sec. 115. This act shall apply to: 

(a) All private employers, other than agricultural employers, who 
regularly employ 3 or more employees at 1 time. 

(b) All private employers, other than agricultural employers, who 
regularly employ less than 3 employees if at least 1 of them has 
been regularly employed by that same employer for 35 or more hours 
per week for 13 weeks or longer during the preceding 52 weeks. 

(c) All public employers, irrespective of the number of persons 
employed. 

(d) All agricultural employers of 3 or more regular employees paid 
hourly wages or salaries, and not paid on a piece work basis, who are 
employed 35 or more hours per week by that same employer for 13 
or more consecutive weeks during the preceding 52 weeks. Coverage 
shall apply only to such regularly employed employees. The average 
weekly wage for such an employee shall be deemed to be the weeks 
worked in agricultural employment divided into the total wages which 
the employee has earned from all agricultural occupations during the 
12 calendar months immediately preceding the injury, and no other 
definitions pertaining to average weekly wage shall be applicable. 

(e) All agricultural employers of 1 or more employees who are 
employed 35 or more hours per week by that same employer for 5 or 



33 

more consecutive weeks shall provide for such employees, in accord- 
ance with rules established by the director, medical and hospital 
coverage as set forth in section 315 for all personal injuries arising 
out of and in the course of employment suffered by such employees 
not otherwise covered by this act. The provision of such medical and 
hospital coverage shall not affect any rights of recovery that an em- 
ployee would otherwise have against an agricultural employer and 
such right of recovery shall be subject to any defense the agricultural 
employer might otherwise have. Section 141 shall not apply to 
cases, other than medical and hospital coverages provided herein, 
arising under this subdivision nor shall it apply to actions brought 
against an agricultural employer who is not voluntarily or otherwise 
subject to this act. No person shall be considered an employee of an 
agricultural employer if the person is a spouse, child or other member 
of the employer's family, as defined in subdivision (b) of section 
353 residing in the home or on the premises of the agricultural 
employer. 

All other agricultural employers not included in subdivisions (d) 
and (e) shall be exempt from the provisions of this act. 1 

P.A. 1969, No. 317, §115, Eff. Dec. 31. 

Unemployment Compensation. — Agricultural labor is exempt from 
coverage. Mich. Corny. Laws Ann. § 421.42(d). 

Transportation. — The Public Service Commission of the Depart- 
ment of Commerce is required to adopt rules and regulations to pro- 
tect migrants proceeding to or returning from employment in 
agriculture in any motor vehicle carrier. The regulations must include 
minimum requirements for motor vehicles (including accessories, 
equipment, and safety devices) and for the operators of motor vehicles. 
The Department may also require additional licensing for operators 
of vehicles used to transport migrant workers. Mich. Comp. Laws 
Ann. §§286.601, 286.602. 

Employee Housing. — Labor Camps. The State Department of 
Health is authorized to make grants to employers of migratory farm 
workers for construction or remodeling of housing for the workers. 
The state must pay up to 50% of costs up to $10,000. Mich. Comp. 
Laws Ann. §§286.611 to 286.616. 

A license is required for the operation of an agricultural labor camp 
for five or more workers. The Commissioner of Public Health may 
promulgate rules and regulations and require compliance with the 
rules as a prerequisite to licensing. Mich. Comp. Laws Ann. §§ 286.621 
to 286.634. 

Minnesota 

i. labor provisions 

Minimum Wage.—%% 177.01 to 177.20 Repealed by laws 1973, C. 
721, §16, eff. Jan. 1, 1974. 



1 A January, 1976, letter from the Commission on Agricultural Labor, Michigan Depart- 
ment of Labor interpreted the Michigan Workers Compensation Act to cover : 

(1) All private employers who regularly employ three or more employees at one time: 
and (2) All private employers who regularly employ less than three employees if at least 
one of them has been regularly employed by that same employer for 35 or more hours per 
week for 13 weeks or longer during the preceding 52 weeks. 

Agricultural employers are treated as any other employers and are no longer given a 
different classification under the Michigan Act. Different treatment of agricultural em- 
ployers and employees was deemed violative of equal protection and thus held unconstitu- 
tional in Gutierrez and Gallegos v. Glaser Crandell Co. 3SS Mich. 654 (1972). 



34 

177.21 to 177.35 may be cited as the Minnesota Fair Labo 
iards Act, laws of 197.;. C. 721, § I, eff. Jan. I, L974. The law 
provides thai i i "employee" moan- any individual omployed by an 
employer but shall not include: 

3 individual employed in agricultural on a farming unit or 
operation employing less than the equivalent of two full time wo 
ami on any given day employing qo more than four employ >r the 

purpose of this clause, equivalent of a full time worker means 40 
weeKS of employment in a calendar year: 

individual who has not attained the age of IS who is employed 

ilture on a farm. Minn. Stat. Ann. § 177.23(7; (1) and (2). 

on of Wages. — A 1960 Attorney General's Opinion dated 

October 5th, at p. S46 exempts migrants from a statute requiring 

payment of wages every 15 days for "transitory" workers. Minn. 

Stat. Ann. § 181.10. 

Agricultural labor is exempt from the requirement of written notice 
of hire. Minn. Stat. Ann. § 181.57. 

ultural labor is exempt from provisions dealing with separated 
. Minn, Stat. Ann. § 181.16. 
Hours.— §§181.18 to 181.27 Repealed by laws of 1974, C. 432 § 13. 
$' 181.24 Minn. Stat. Ann. had exempted agricultural labor from the 
maximum hours provision. This section was repealed in 1974. 

,'W.— §§ 181:31 to 181.51 Repealed bylaws of 1974, C. 
181 A is the new child labor chapter. Pertinent sec 
he following provisions. 

181'A, Minimum age and maximum hours 

ision 1. No minors under the age 14 shall be permitted employ- 
d uis state except as authorized by section 181 A. 07. 

S ibd. 2. On school days, during school hours, no minor under the 
age of 16 years shall be permitted employment except as provided in 
. 31A.05. 

3. No minor under the age of 16 shall be permitted to work 
any day before 7 a.m. or after 9:30 p.m. 

Subd. 4. No employer shall be permitted to work a minor under the 
age of 16 more than 40 hours a week or more than eight hours in any 
24 hour period. 

I. 5. No minor under the age of 18 shall be permitted to work in 
any occupation which the commissioner shall find to be particularly 
hazardous for the employment of children under 18 years of age or 
imental to their well-being. A list of such occupations shall be 
established and promulgated by regulation pursuant to section 
181A.09 Minn. Stat. Ann. § 181A.04. 

Laws 1974, c. 432. § 4. 

181 A 7 Exemptions 

division 1. Minors employed in corn detasseling operations 
and other agricultural operations, with the permission of their parents 

ardian, shall be exempt from the provision^ of section 181 A. 04, 
subdivision 4. Such minors 12 years of age or older are exempt from 
the age provision of section 18iA.04, subdivision 1. 

'. Any mm • >»- employed as an actor, model, or performer 
shall ;>! from the minimum age provisions of section 181 A. 04, 

subdivision 1. 



f 35 

Subd. 3. Newspaper earners shall he exempl Prom the minimum 
age provision of section 181 A. 04, subdivisions 1 and 3. Sue!: 
shall be at least 1 1 years of age. 

Subd. 4. Any minor employed to do home chores, to babysil or 
employed by his parents shall be exempt from all provisions of sections 
181A.01 to 181A.12. 

Subd. 5. The commissioner may grant exemptions from any 
provisions of sections 181 A. 01 to 181 A. 12 for an individual minor 
if he finds that such an exemption would be in the besl interesl of the 
minor involved. Such exemptions shall be granted only in accord 
with the established regulations of the department. 

Subd. 6. Any minor's parent or guardian, school official, or youth 
employment specialist may request an exemption as provided in 
subdivision 6. Laws 1974, c. 432, § 7. Amended by Laws 1975, c. 
204, § 78. Minn. Stat. Ann. § 181A.07. 

§ 181A.05 provides for the issuance of employment certificates in 
certain instances. Subdivision 1 states that, "any minor 14 or 15 
years of age who wishes to work on school days during school hours 
shall first secure an employment certificate ..." 

Working Conditions. — §§ 182.10 to 182.49. Repealed by laws 1973, 
C. 732, §27. For provisions generally regulating occupational health 
and safety and authorizing the promulgation of rules and regulal 
to carrv out such responsibilities, see § 182.65 et seq. 

§182.651 Subdivision 10 defines "Place of employment" as 
factory, plant, foundry, construction site, farm workplace, premises, 
vehicle or any other work environment where any employee is dm ing 
the course of his employment." 

Labor Contractors. — No provision found! 

Organization — Collective Bargaining. — The Labor Relations Act 
excludes agricultural laborers. § 179.01 subdivision 4 defines "Em- 
ployee" as including "in addition to the accepted definition of the w 
any employee whose work has ceased because of any unfair 
practice, as defined in § 179.12, on the part of the employer or because 
of any current labor dispute and who has not obtained othe 
and substantially equivalent employment, but does not includ 
individual employed in agricultural labor or by his parent or - 
or in domestic service of any person at his own home." 

Workmen's Compensation. — § 176.041 discusses the employments 
excluded under Minnesota's Workmen's Compensation law. 

§ 176.041 subdivision 1 provides, "This chapter does not appl} to 
persons employed by . . . persons employed by i\- mib 
spouses, parents and children, regardless of their age, of 
ployer working for him or on a family farm corporation a- 
in § 500.24, subdivision 1 (c) or otherwise, or other farmers or men Lbers 
of their families exchanging work with the farmer employer in the 
same community . . ." 

There is an assumption of liability provision in the Mi , »ta 
Code. § 176.051 states that "an employer of workers on i 
farm or domestics may assume the liability for compensation in >sed 
by this chapter and such employer's purchase and acceptai 
valid insurance policy, which includes in its coverage a clas 
of workers on a family farm-j>r domestics constitutes an assurapti >n by 
the employer of such liability. This assumption of liabilit; 



36 

effect and continues from the effective date of the policy and as long 

as the policy remains in force. If during the life of any such insurance 
policy, any employee who is a worker on a family farm or dome-tic, 
suffers persona) injury or death arising out of and in the course of his 
employment, the exclusive remedy of the employee or his dependents 
is under this chapter." (Amended bv laws 1973, C.657, § 3, eff. Jan. 1, 
1974). 

Unemployment Compensation. — Agricultural labor is exempt. Minn. 
Stat. §268.04 subdivision 12 (13). The statute provides as follows: 

(13) The term "employment" shall not include: 

(a) Agricultural labor. The term "agricultural labor" includes 
all services performed subsequent to December 31, 1939: 

(1) On a farm, in the employ of any person, in connection 
with cultivating the soil, or in connection with raising or 
harvesting any agricultural or horticultural commodity, 
including the raising, shearing, feeding, caring for, training, 
and management of livestock, bees, poultry, fur-bearing 
animals and wildlife; 

(2) In the employ of the owner or tenant or other operatoi 
of a farm, in connection with the operation, management, 
conservation, improvement, or maintenance of such farm 
and its tools and equipment, or in salvaging timber or 
clearing land of brush and other debris left by a hurricane, 
if the major part of such service is performed on a farm; 

(3) In connection with the production or harvesting of 
any commodity defined as an agricultural commodity in 
section 15(g) of the agricultural marketing act, as amended 
(46 Stat. 1550, sec. 3; 12 U.S.C. 1141j) or in connection 
with the ginning of cotton, or in connection with the operation 
or maintenance of ditches, canals, reservoirs, or waterways, 
not owned or operated for profit, used exclusively for supply- 
ing and storing water for farming purposes; 

(4) In the employ of the operator of a farm in handling, 
planting, drying, packing, packaging, processing, freezing, 
grading, storing, or delivering to storage or to market or 
to a carrier for transportation to market, in its unmanufac- 
tured state, any agricultural or horticultural commodity; 
but only if such operator produced more than one half of 
the commodity with respect to which such service is per- 
formed, or in the employ of a group of operators of farms 
(or a cooperative organization of which such operators are 
members) in the performance of service described herein, 
but only if such operators produced more than one half 
of the commodity with respect to which such service is 
performed; however, the provisions of this paragraph shall 
not be deemed to be applicable with respect to service per- 
formed in connection with commercial canning or commercial 
freezing or in connection with any agricultural or horti- 
cultural commodity after its delivery to a terminal market for 
distribution for consumption; or 

(5) On a farm operated for profit if such service is not in 
the course of the employer's trade or business or is domestic- 
service in a private home of the employer. 



37 

As used herein, the term "farm" includes stock, dairy, 
poultry, fruit, fur-bearing animal, and truck farms, planta- 
tions, ranches, nurseries, ranges, greenhouses or other 
similar structures used primarly for the raising of agricultural 
or horticultural commodities, and orchards. 

Notwithstanding the provisions of clause (13) (a) (1), 
(2), (3), (4) and (5), services performed after January 1, 
1974, for an employing unit which has four or more persons 
performing services in agricultural labor for some portion 
of a day in each of 20 different weeks, whether or not such 
weeks were consecutive, within either the current or preced- 
ing calendar year, regardless of whether they were employed 
at the same moment of time, shall not be excluded from the 
term "employment". 
Transportation. — No provisions specifically applicable to migrants. 
Employee Housing. — Labor camps — The State Board of Health is 
authorized to regulate labor camps. Minn. Stat. Ann. § 144.12 (12). 

II. MISCELLANEOUS LAWS SPECIFICALLY DEALING WITH MIGRANT 

FARMWORKERS 

Health. — § 181.73 provides for health insurance coverage of migrant 
labor. It states: 

IS 1.73 Migrant labor; health insurance 

Subdivision 1. Any person, association, organization, or other group 
employing five or more persons, full time, part time or otherwise, who 
come within the definition of recruited migrant laborers as hereafter 
denned and who are employed or are recruited to be employed in the 
processing of agricultural produce other than as field labor, shall 
provide at his or its expense health care insurance during the period 
of employment or for illness or injury incurred while employed. Such 
health care insurance shall be in accordance with such regulations as 
the commissioner or employment services may prescribe by rule or 
regulation for each such recruited migrant laborer who is not a resident 
of Minnesota and who does not have health care insurance meeting 
the requirements of the rules and regulations promulgated by the 
commissioner or employment services. 

Subd. 2. No such insurance need be purchased for any employee 
performing exclusively agricultural labor as defined by section 3121(g) 
of the Internal Revenue Code of 1954. 

Subd. 3. For the purposes of this section, a recruited migrant laborer 
is a migrant laborer who is offered some type of housing or transporta- 
tion expense by an employer as an inducement to his employment or 
anticipated employment. 

Laws 1971, c. 752, § 1, efr. June 5, 1971; Amended by Laws 1973, 
c. 254, § 3. 

Welfare. — A migrant family specifically qualifies for consideration 
for aid under the Emergency Assistance Act. Minn. Stat. Ann. §256.871 
provides : 



38 

256.871 Emergency assistance to needy families with children 

age 21 

Subdivision 1. County welfare agency; duties. The count}' welfare 
agency shall grant emergency financial assistance and services to any 
needy family with a child under the age of 21 years who i- or was 
within six months prior to application living with an eligible relative 
specified in section 256.12, subdivision 14. 

Subd. 2. Eligibility for emergency assistance. Notwithstanding any 

other eligibility provision of this chapter, any child without resources 

immediately available to meet emergency needs shall be furnished 

ance for a period not in excess of 30 days during any 12-month 

period. Assistance shall be furnished under the following conditions: 

(a) The child is without resources immediately available to meet 
emergency needs. 

(b) Assistance is necessary to avoid destitution or provide emergency 
shelter arrangements. 

(c) The child's destitution or need for living arrangements did not 
arise because he or the relative refused without good cause to accept 
employment or training for employment. 

(d) Assistance shall be in the form of money payments, vendor 
payments, payments in kind or intere<t-free loans for tools, equipment 
or expenses required for return to employment. Such loans shall not 
exceed $100 and shall be considered only when other private or public 
resources are not immediately available. 

Subd. 3. County of responsibility. No state or county durational 
residence is required to qualify for such assistance. The county 
which shall grant assistance shall be the county wherein the child 
resides who is found to be in emergency need. Such county may 
obtain reimbursement from another county wherein the child has 
residence as provided in section 256.73. 

Subd. 4. Emergency defined. Emergencies which create the need 
for such assistance include natural disasters such as floods, fire-, or 
storms; civil disorders,, strikes, illness, accident, death, eviction 
from shelter, migrant families in necessitous circumstances, or other 
crises, as defined b}^ the commissioner, in accordance with directives 
of the United States Secretary of Health, Education, and Welfare. 

Subd. 5. County welfare authority. The county welfare board 
shall designate a person or persons who shall be authorized to im- 
mediately grant emergency assistance pursuant to this section. 

Subd. 6. Estimated expenditures; payments. The county agency 
shall submit to the state agency an estimate of expenditures for each 
succeeding month in such form as required by the state agency. 
Payment shall be made monthly in advance by the state agency to 
the counties, of federal funds available for that purpose for each 
succeeding month, together with an amount of state funds equal to 
ten percent of the difference between the total estimated cost and the 
federal funds so available. Adjustment of any overestimate or under- 
estimate made by an} r county shall be made upon the direction of the 
state agency in any succeeding month. 

Subd. 7. Authority of the commissioner. The commissioner is 
hereby authorized, subject to the provisions of Minnesota Statutes 
1969, Chapter 15, to promulgate regulations not inconsistent with 
this section as necessary to qualify for maximum federal funds. 



39 

Added by Laws 1971, c. 943, § 1, eff. June 8, 1971. 
A migrant can also qualify for medical assistance in certain situa- 
tions. § 256B.06 describes eligibility requirements. 

256B.06 Eligibility requirements 

Subdivision 1. Medical assistance may be paid for any person: 

(1) Who is eligible for or receiving public assistance under the aid 
to families with dependent children program; or 

(2) Who is eligible for or receiving supplemental security income 
for the aged, blind and disabled; or 

(3) Who except for the amount of income or re<ource> would 
qualify for supplemental security income for the aged, blind and 
disabled, or aid to families with dependent children and is in need 
of medical assistance ; or 

(4) Who is under 21 years of age and in need of medical care that 
neither he nor his relatives responsible under sections 256B.01 to 
256B.26 are financially able to provide; or 

(5) Who is residing in a hospital for treatment of mental disease or 
tuberculosis and is 65 years of age or older and without means sufficient 
to pay the per capita hospital charge; and 

(6) Who resides in Minnesota, or, if absent from the state, is denned 
to be a resident of Minnesota in accordance with the regulations of 
the state agency; and 

(7) Who alone, or together with his spouse, does not have equity in 
real property in excess of $15,000; and 

(8) Who, is single, does not have more than $750 in cash or liquid 
a-<ets or, if married, whose cash or liquid assets do not exceed $1,000 
plus $150 for each additional legal dependent; and 

(9) Who has or anticipates receiving an annual income not in excess 
of $2,600 for a single person, or $3,250 for two family members (man 
and wife, parent and child, or two siblings), plus $625 for each addi- 
tional legal dependent, or who has income in excels of these maxima 
and in the month of application (or during the three months prior to 
the month of application) incurs expenses for medical care that total 
more than one-half of the annual excess income in accordance with 
the regulations of the state agency. In such excess income cases, 
eligibility shall be limited to a period of six months beginning with the 
first of the month in which these medical obligations are first incurred. 

Who has continuing monthly expenses for medical care that are 
more than the amount of his excess income, computed on a monthly 
basis, in which case eligibility may be established before the total 
income obligation referred to in the preceding paragraph is incurred, 
and medical assistance payments may be made to cover the monthly 
unmet medical need. In licensed nursing home and state hospital 
cases, both excess income and income over and above that required 
for justified needs are to be applied to the cost of institutional care; 
and 

(10) Who has applied or agrees to apply all proceeds received or 
receivable by him or his spouse from health and accident insurance 
policies on the costs of medical care for himself, his spouse, and 
children. 

Subd. 2. Repealed bv Laws 1974, c. 525, § 3. 



40 

Subd. 3. Notwithstanding any law to tin* contrary, a migrant 
agricultural worker who meets all of the eligibility requirements of 

this section other than that be has a permanent place of abode in 

another state, shall he eligible for medical assistance and shall have 
his medical needs nun by the county in which he resides at the time 
of making: application. 

Amended by Laws 1973, c. 717, § 18, efl*. Jan. 1, 1974; Laws 1974 
c 525, §§ 1, 2. 

Mississippi 

I. LABOR PROVISIONS 

Minimum Wage. — There is no state minimum wage law for migrant 

workers. 

Collection of Wages. — Agricultural labor is not included in cate- 
gories of employees covered by wage payment provisions. Miss. 
Code Ann. §71-1-35. 

Hours. — Provisions apply to certain enumerated industries not 
including agriculture. Miss. Code Ann. §§ 71-1-21; 71-1-33. 

Child Labor. — Agricultural labor is not covered by the child labor 
laws. Miss. Code Ann. §71-1-17. 

Working Conditions. — No provisions specifically applicable to mi- 
grants. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — There is no state labor rela- 
tions act. 

Workmen's Compensation. — § 71-3-5 of the Miss. Code Ann. pro- 
vides that, domestic servants, farmers and farm labor, and handi- 
capped persons employed in sheltered workshop programs under the 
authority and supervision of the department of public welfare and 
vocational rehabilitation division, state department of education are 
not included under the provisions of this chapter, but this exemption 
does not apply to the processing of agricultural products when carried 
on commercially. 

bnemployment Compensation. — Agricultural labor is exempt. Miss. 
Code Ann. §71-5-11 specifically provides: 

(13) The term "employment "shall not include — 

(a) agricultural labor. The term "agricultural labor" includes all 
services performed — 

(i) On a farm, in the employ of any employing unit in connection 
with cultivating the soil, or in connection with raising or harvesting 
any agricultural or horticultural commodity, including the raising, 
shearing, feeding, caring for, training, and management of livestock, 
bees, poultry, fur-bearing animals, and wildlife. 

(ii) In the employ of the owner or tenant or other operator of a 
farm, in connection with the operation, management, conservation, 
improvement, or maintenance of such farm and its tools and equip- 
ment, or in salvaging timber or clearing land of brush and other 
debris left by a hurricane, if the major part of such service is performed 
on a farm. 

(hi) In connection with the production or harvesting of naval 
stores products or any commodity defined in the Federal Agricultural 
Marketing Act, 12 USCAsec 1141j(g), or in connection with the raising 



41 

or harvesting of mushrooms, or in connection with the ginning of 
cotton, or in connection with the operation or maintenance of drtdhes, 
canals, reservoirs, or waterways, not owned or operated for profit, 
used exclusively for supplying and storing water for farming purposes. 
(iv) [a] In the employ of the operator of a farm in handling, planting, 
drying, packing, packaging, processing, freezing, grading, storing, or 
delivering to storage or to market or to a carrier for transportation 
to market, in its unmanufactured state, any agricultural or horticul- 
tural commodity; but only if such operator produced more than 
one half (%) of the commodity with respect to which service is per- 
formed; 

[b] in the employ of a group of operators of farms (or a cooperative 
organization of which such operators are members) in the performance 
of service described in subparagraph [a], but only if such operators 
produced more than one half ( l A) of the commodity with respect to 
which such service is performed; 

[c] the provisions of subparagraphs [a] and [b] shall not be deemed 
to be applicable with respect to service performed in connection with 
commercial canning or commercial freezing or in connection with any 
agricultural or horticultural commodity after its delivery to a terminal 
market for distribution for consumption; or 

(v) On a farm operated for profit if such service is not in the course 
of the employer's trade or business, or is domestic service in a private 
home of the employer. 

(vi) As used in paragraph (13) (a) of this subsection, the term "farm" 
includes stock, dairy, poultry, fruit, fur-bearing animals, and truck 
farms, plantations, ranches, nurseries, ranges, green-houses, or other 
similar structures used primarily for the raising of agricultural or 
horticultural commodities, and orchards. 

Transportation. — No provisions specifically applicable to migrants. 

Employee Housing. — No provisions found. 

Missouri 
i. labor provisions 

Minimum Wage. — There is no state minimum wage law. 

Collection oj Wages. — Agricultural labor is not included in the 
definition of employees covered bv wage payment provisions. Vernon's 
Mo. Stat. Ann. § 290.080. 

Hours. — There is no state maximum hour law. Vernon's Mo. Stat. 
Ann. § 290.040 was repealed by laws 1972. 

Child Labor. — Child labor provisions apply to minors employed 
in "gainful occupations." The definition excludes occasional work 
performed with consent of parents. 

Minor under 16 may not be employed during regular school term 
unless he has been issued a work certificate. Except for this require- 
ment, minor who has passed his 14th birthday but is under 16 may be 
employed at any "gainful occupation" other than those hazardous 
occupations prohibited by § 294.040. Vernon's Mo. Stat. Ann. 
§ 294.024. 

Minors under 14 may not be employed in any "gainful occupation." 



42 

Maximum hours provisions are provided in $294.0:50. The statute 
provides 

294. 090 Hours of work for minors 

1. A child under sixteen years of age shall not be employed, per- 
mitted or suffered to work at any gainful occupation for more than 
eight hours in any day nor more than six days or forty hours in any 
week, nor before the hour of seven o'clock in the morning nor after 
the hour of ten o'clock in the evening. 

2. During a school term a child under sixteen years of age shall not 
be employed, permitted or suffered to work at any gainful occupation 
after the hour of seven o'clock in the evening on days immediately 
preceding days when school is in session; except that this subsection 
does not apply to those children who have been permanently ex( 
from school under the provisions of chapter 167, RSMo. 
Amended by Laws 1970, p. 96, § 1. 

La-A's 1971, p. 96, § 1 repealed §483.385 and amended the following 33 sec- 
tions: 51.460, 57.113, 88.703, 104.550, 112. 0G7, 113.330, 120.140 to 120.200. 
121.010, 122.980, 148.320, 163.017, 182.510, 202.790, 202.807, 202.813, 202.890, 
202,857, 202.870, 275.190, 288.290, 294.027. 294.030, 301.265, 307.355, 362.500, 
411.220, 552.020, 552.050 and 561.340. 

Working Conditions. — No provisions specifienlly applicable to 
migrants. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — There is no labor relations 
act in Missouri comparable to the Federal Labor-Management 
Relations Act. 

Workmen's Compensation. — Agricultural labor is basically exempt 
from Workmen's Compensation coverage. § 287.090 of Vernon's Mo. 
Stat. Ann. provides: 

287.090 Employments not subject to law — election to come within law 

1. Sections 287.050 to 287.080 and 287.120 shall not apply to 
any of the following employments: 

(1) Employments by minor employers not determined to be en- 
gaged in an occupation .hazardous to employees. 

2. Anv employer in this section exempted from the operation of sec- 
tions 287.050 to 287.080 and 287.120 may bring himself within 
the provisions of this chapter by filing with the division notice of his 
election to accept the provisions, or by the purchasing and accepting by 
the employer of a valid compensation insurance policy, and the election 
by the purchase and acceptance of the insurance policy shall in- 
clude the exempted employments described in subsection 1 if such 
intent is shown by the terms of the policy. The election shall take 
effect and continue from the date of filing with the division by the 
employer of his election to accept liability under this chapter, or 
from the effective date of the insurance policy. Any employer electing 
to become liable under this chapter may withdraw his election by 
filing with the division a notice that he desires to withdraw his elec- 
tion, which withdrawal shall take effect thirty days after the date 
of the filing, or at such later date as may be specified in the notice 
of withdrawal. 



43 

l. 1 Any insurance company authorized to write insurance under the 
provisions of this chapter in this state shall file with the division a 
memorandum on a form prescribed by the division of any workmen's 
compensation policy issued to any employer and of any renewal or 
cancellation thereof. 

2. 1 This chapter shall not apply to employment of farm labor or 
domestic servants including family chauffeurs, unless the employer 
shall have an annual payroll, therefor in excess of two thousand 
five hundred dollars. 

Amended bv Laws 1965, p. 397, § 1; Laws 1971, p. 84, §2; Laws 
1974, p.— SB. No. 417, § 1. 

The text of this section, as amended in 1974, ^ being published subject 
to changes, if any, that may be made in the 1975 Supplement to RSMo 
1969. 

Unemployment Compensation. — Agricultural labor is exempt. 
§288.034 of Vernon's Mo. Stat. Ann. provides: 

12. The term "employment" shall not include: 

(1) Service performed by an individual in agricultural labor; 

(a) For purposes of this subdivision, the term "agricultural labor" 
means any service performed prior to April 27, 1972: 

a. On a farm, in the emplo}* of any person, in connection with 
cultivating the soil, or in connection with raising or harvesting 
any agricultural or horticultural commodity, including the 
raising, shearing, feeding, caring for, training and management 
of livestock, bees, poultry, fish, and furbearing animals and 
wildlife ; 

b. In the employ of the owner or tenant or other operator of a 
farm, in connection with the operation, management, conserva- 
tion, improvement, or maintenance of such farm and its tools 
and equipment, or in salvaging timber or clearing land of brush 
and other debris left by a hurricane or flood, if the major part of 
such service is performed on a farm; 

c. In connection with the production or harvesting of maple 
syrup or maple sugar or in connection with the raising or harvesting 
of mushrooms, or in connection with the hatching of poultry and 
fish, or in connection with the ginning of cotton, or in connection 
with the operation or maintenance of ditches, canals, reservoirs, or 
waterways used exclusively for supplying and storing water or 
for the drainage of land for farming purposes; 

d. In handling, planting, drying, packing, packaging, process- 
ing, freezing, grading, storing, or delivering to storage or to 
market or to a carrier for transportation to market, any agri- 
cultural or horticultural commodit}-; but only if such service is 
performed as an incident to ordinary farming operations or, in 
the case of fruits and vegetables, as an incident to the preparation 
of such fruits or vegetables for market. The provisions of this 
subparagraph shall not be deemed to be applicable with respect 
to service performed in connection with commercial canning or 
commercial freezing or in connection with any agricultural or 
horticultural commodity after its delivery to a terminal market 
for distribution for consumption; 

1 Numbering so In printer's copy, f 



44 

e. As used in the preceding four subparagraphs, the term 
'•farm" includes stock, dairy, poultry, ash, fruit, forbearing 
animal, and truck farms, plantations, ranches, nurseries, hatch- 
eries, orchards, ranges, greenhouses, mushroom sheds and caves 
or other similar structures used primarily for the raising of 
agricultural or horticultural commodities, 
(b) For purposes of this subdivision, the term "agricultural labor" 
means remunerated service performed after April 27, 1972: 

a. On a farm, in the employ of any person, in connection with 
cultivating the soil, or in connection with raising or harvesting 
any agricultural or horticultural commodity, including the raising, 
shearing, feeding, caring for, training, and management of live- 
>tock, bees, poultry, and fur-bearing animals and wildlife; 

b. In the employ of the owner or tenant or other operator of a 
farm, in connection with the operation, management, conserva- 
tion, improvement, or maintenance of such farm and its tools 
and equipment, or in salvaging timber or clearing land of brush 
and other debris left by a hurricane, if the major part of such 
service is performed on a farm : 

c. In connection with the production or harvesting of any 
commodity defined as an agricultural commodity in section 15(g) 
of the Federal Agricultural Marketing Act, as amended. (46 
Stat. 1550, Sec. 3; 12 U.S.C. 1441j), or in connection with the 
ginning of cotton, or in connection with the operation or mainten- 
ance of ditches, canals, reservoirs, or waterways, not owned or 
operated for profit, used exclusively for supplying and storing 
water for farming purposes; 

d. i. In the employ of the operator of a farm in handling, 
planting, drying, packing, packaging, processing, freezing, 
grading, storing, or delivering to storage or to market or to a 
carrier for transportation to market, in its unmanufactured state, 
any agricultural or horticultural commodity; but only if such 
operator produced more than one-half of the commodity with 
respect to which such service is performed; 

ii. In the employ of a group of operators of farms (or a coopera- 
tive organization of which such operators are members) in the 
performance of services described in subparagraph d. i., but only 
if such operators produced more than one-half of the commodity 
with respect to winch such service is performed ; 

iii. The provisions of subparagraph d. i. ii. shall not be deemed 
to be applicable with respect to service performed in connection 
with commercial canning or commercial freezing or in connection 
with any agricultural or horticultural commodity after its de- 
livery to a terminal market for distribution for consumption; or 

e. On a farm operated for profit if such service is not in the 
course of the employer's trade or business or is domestic service 
in a private home of the employer. As used in this paragraph, the 
term "farm" includes stock, dairy, poultry, fruit, furbearing 
animals, and truck farms, plantations, ranches, nurseries, ranges, 
greenhouses or other similar structures used primarily for the 
raising of agricultural or horticultural commodities and orchards. 

Transportation. — No provision specifically applicable to migrants. 
Employee Housing. — No provisions found. 



45 

Montana 
i. labor provisions 

Minimum Wage. — Seasonal farmworkers are covered by the state 
minimum wage law. 

$1.80 is the rate set for work per hour, effective July 1, 1975; and 
$2.00 an hour, effective July 1, 1976. This provision, however, is 
inapplicable to farm workers. Montana Revised Code Ann. § 41-2303 
(a)(1) and (2), as amended by Ch. 421, L. 1975, effective July 1, 1975. 

Total wages paid by employers to farm workers shall not be Less 
than the applicable minimum wage rate multiplied by the total number 
of hours worked, or employers must pay farm workers a monthly 
wage which shall not be less than $420 a month effective July 1, 1975, 
and $460 a month effective July 1, 1976 (§ 4 1-2303 (c), as amended bv 
Ch. 421, L. 1975, effective July 1, 1975). 

Wages include the reasonable cost to employer of furnishing em- 
ployees with board, lodging, or other facilities, provided that none of 
these shall exceed 40% of total wages paid to employees. § 4 1-2302 (b), 
Ch. 417, L. 1971. 

Farmers are excluded from the overtime provisions of the minimum 
wage law. § 41-2303(b), as reenacted by Ch. 421, L. 1975, effective 
July 1, 1975. 

Collection of Wages. — No provisions were found that applied to 
migrant workers as such. 

Hours. — Farming and stock raising are exempt from maximum 
hours provisions by the State Constitution, Art. XVIII, § 4. 

Child Labor. — Agricultural laborers are not treated any differently 
from other minors. Minors between 14 and 16 may be employed 
during school hours if they acquire age and emplovment certificates. 
Mont. Rev. Code Ann. § 10-201. 

Working Conditions. — No provisions were found. 

Labor Contractors. — No provisions were found. 

Organization — Collective Bargaining. — There is no labor relations act 
in Montana comparable to the Federal Labor-Management Relations 
Act. 

WorJcmen's Compensation. — Coverage is compulsory as to all private 
employers. It is also compulsory as to all public employments including 
public contractors. Domestic servants, agricultural employments 
and railroad employments are not covered. However, because coverage 
is voluntary as to the exempt employments, agricultural labor can be 
covered if the voluntarv election is made. Mont. Rev. Code Ann. 
§ 92-1102. 

Unemployment Compensation. — Farm labor is exempt. Mont. Rev. 
Code Ann. § 87-148. 

Transportation. — No provisions were found. 

Employee Housing. — No provisions were found. 

Nebraska 

i. labor provisions 

Minimum Wage. — Agricultural labor is exempt. Neb. Rev. Stat. 
§ 48-1202(3), as amended by L.B. 343, L. 1973. 



46 

<•// of Wages. — No provisions applicable to farm labor were 

found. 
Hours. — No provisions were found. 

( hild Labor. — Hours of labor in a beet field are regulated by statute. 
Neb. Rev. Stat. §48-310. 

Aire requirements for farm laborers are no different from any other 

occupation. 

Working Conditions. — No provisions were found. 

Labor Contractors. — Out of state labor agent- doing business in 
\ i hiring agricultural workers for work out of state are required 

to be licensed and make monthly reports. Neb. Rev. Stat. § 48-515 
and ■ 48 516. 

■it ion — Collective Bargaining. — Nebraska has no law cora- 

• le to the Federal Labor-Management Relations Act or the 

general labor relations acts adopted in some of the states. However, 

other labor acts are broad enough to include farmworkers (eg. right-to- 

work law at Neb. Rev. Stat. §48-217). 

Workmen's Compensation. — The coverage is compulsory as to all 
employments in the private area of employment, including executive 
officer-. It is also compulsory in the public realm, including officials 
elected or appointed for fixed terms and civil defense agency. 

With regard to farm labor, the coverage is voluntary. Neb. Rev. 
Stat. § 48-106. 

mployment Compensation. — Agricultural labor is exempt. Neb. 
Rev. Stat. §48-604(6). 

Transportation. — An out-of-state driver's license of an agricultural 
worker is good for 60 days. Neb. Rev. Stat. § 60-410. No other provi- 
sions were found. 

Employee Housing. — No provisions. 

Nevada 

I. LABOR PROVISIONS 

Minimum Wage. — Agricultural labor is exempt from the state 
minimum wage law, however, the exemption is a limited one. Mini- 
mum wage rates are inapplicable to employees engaged in agricultural 
pursuit for employer who did not use more than 500 man-days of 
agricultural labor in any calendar quarter of the preceding calendar 
year. Nevada Revised Stat. §608.250(4), as amended by A.B. 256, 
L. 1975, effective July 1, 1975. 

Collection of Wages. — The wage payment statute is broad enough 
to cover farm labor. Nev. Rev. Stat. § 608.060. 

Honrs. — Maximum hours legislation contains an overtime premium 
provision, however, this provision is inapplicable to agricultural 
emplovees. Nev. Revised Stat. § 608(7) (1) and (2), as added to N.R.S. 
by Ch. 741. L. 1975. 

Child Labor. — Fourteen years of age is the minimum age in any 
business or service whatever when public schools are in session. Nev. 
sed Stat. § 609.250, as amended by Ch. 396, L. 1973. 

No child under 16 years of age shall be employed, permitted or 
suffered to work at any gainful occupation, except domestic service 
or farm work, more than 48 hours in any one week, or more than 8 



47 

hours in any one day. Nev. Revised Stat. § 609.240(1) as amended by 
A.B. 672, L. 1973. 

Working Conditions. — No provisions found. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — There is no labor relations 
act in Nevada comparable to the Federal Labor-Management 
Relations Act. 

Other labor laws are broad enough to include farmworkers. See 
Nev. Rev. Stat. § 613.230 for the right-to-work law. 

Workmen's Compensation. — Farm labor is exempt from the compul- 
sory provisions. Coverage is elective. Nev. Rev. Stat. § 6; 6/285; 
§616.060. 

Unemployment Compensation. — Agricultural labor is exempt. Nev. 
Rev. Stat. § 612.090. 

Transportation. — No provisions found. 

Employee Housing. — Labor Camps. If 5 or more employees are 
housed, the Board of Health is authorized to issue standards. The 
statute also sets out health and sanitation standards. Nev. Rev. Stat, 
§444.130. 

New Hampshire 

i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from coverage. 
New Hampshire Rev. Stat. Ann. § 279:1. 

Collection of Wages. — Under the general wage payment laws no 
exception is made for agriculture. N.H. Rev. Stat. Ann. §275.41. 

Hours. — Women employed in agriculture are exempt from maxi- 
mum hours provisions applicable to women and minors. N.H. Rev. 
Stat. Ann. §275:15. 

Agricultural labor is exempt from the Sunday Blue Law. N.H. 
Rev. Stat. Ann. § 275.35. 

Child Labor. — Maximum hours provisions for minors under 16 
may be suspended for agricultural labor. N.H. Rev. Stat. Ann. § 276A:2. 

Agricultural labor is exempt from the provision making 14 the 
minimum age when school is not in session and 16 the minimum age 
when school is in session. N.H. Rev. Stat. Ann. §276:1, 2. Twelve 
is the minimum age for employment if other provisions do not apply. 

Working Conditions. — No provisions specifically applicable. 

Labor Contractors. — No provisions were found. 

Organization — Collective Bargaining. — New Hampshire has no gen- 
eral labor relations act comparable to the Federal Labor-Manage- 
ment Relations Act. The provisions of other labor acts are broad 
enough to cover agricultural labor. N.H. Rev. Stat. Ann. §57:21. 

Workmen's Compensation. — Agricultural labor is covered by the 
statute in the sense that the law is elective as to farm labor of 3 or 
more employees. N.H. Rev. Stat. Ann. § 281:2; § 281:3. 

Unemployment Compensation. — Agricultural labor is exempt. N.H. 
Rev. Stat. Ann. §282:1. 

Transportation. — No provision found. 

Employee Housing. — No provisions found. 

Employment Discrimination. — Agricultural labor is exempt. N.H. 
Rev. Stat. Ann. §275:36. 



4S 

\ bw Jersey 
i. labor provisions 

Minimum Wage. — The minimum wage law does protect agricul- 

■! labor. 

However, overtime rate under the minimum wage law is not appli- 
cable to employees engaged in work on a farm in the raising or care 
of livestock. N.J. Slat. Ann. § 34:ll-56a4. 

Employees engaged on a piece rate basis to labor on a farm shall 
be paid for each day worked not less than the minimum hourly wage 
rate multiplied by the number of hours worked. N.J. Stat. Ann. 
§ 34:ll-66a4. 

The Commissioner of Labor and Industry can issue regulations 
defining the value of lodging and services. N.J. Stat. Ann. § 34.11-56al 

Collection of Wages. — Wages arc to be paid bi-weekly to all laborers. 
Farmworkers are not specifically excepted from the provision. N.J. 
Stat. Ann. §34:11-4.2. 

Hours. — Farmworkers are exempt from the overtime provisions 
applicable to other workers. N.J. Stat. Ann. § 34:ll-56a4. 

Child Labor. — Minors under 12 are prohibited from farm labor at 
any time. N.J. Stat. Ann. § 34:2-21:15. 

Employment permits may be issued permitting employment of a 
child under 16 in agricultural pursuits during times school is not in 
session if it is found that such work will not interfere with his health 
or school standing. Such work shall be subject to maximum hours 
provisions for minors under 16. N.J. Stat. Ann. § 34:2-21.3 and 
§ 34:2-21.15. 

Minors from 12 to 16 require a permit to work in farm labor, renew- 
able every 6 months. No minors under 16 may work greater than 10 
hours per day in farm labor. N.J. Stat. Ann. § 34:2-21:15. 

Working Conditions. — The 1971 Amendments regulate the drinking 
water and toilets of farmworkers while in the fields. The law requires 
that a farm operator shall provide in the working area a sufficient 
supply of cool and potable water for seasonal farmworkers. (Ch. 193, 
L. 1971) N.J. Stat. Ann, §§ 34:9A-37— 34:9A 7 41. 

The Department of Labor and Industry is to promulgate rules 
for the enforcement of the act. Violation of the Act is subject to fine. 
The farmworker is specifically entitled to bring an action asking for 
injunctive relief if the provisions are violated. N.J. Stat. Ann. §33: 
9A-37— 34.-9A-41, Ch. 193— Session Laws of 1971. 

Labor Contractors. — Crew leaders are required to be licensed by the 
Commissioner of the State Department of Labor and Industrv. 
N.J. Stat. Ann. §§ 34:8A-7 and 34:8A-8, Ch. 1922— Sessions Law 
of 1971. 

Collective Bargaining. — New Jersey has no general labor relations 
act comparable to the Federal Labor Management Relations Act. 

The Employer-Employee Relations Act, however, is broad enough to 
include farm laborers. N.J. Stat. Ann. § 34:13A-1. 

Workmen's Compensation. — Farmworkers are covered by the N.J. 
Workmen's Compensation statute. They are covered in all respects, 



49 

the same as other workers . The exemption with regard to farmworkers 
was repealed in 1969, and coverage has been compulsory since 1969. 
Laws of 1969, Ch. 212. N.J. Stat. Ann. § 34:15-92. 

Unemployment Compensation. — Agricultural labor is exempt from 
unemployment and disability compensation. N.J. Stat. Ann. § 43: 
21-19. 

Transportation. — Xo specific provisions for farm laborers, though 
the broad transportation safety statute would apply to them. iV.J. 
Stat Ann. § 26:1A-19. 

Employee Housing. — The Occupational Safety and Health Act of 
1970 preempted New Jersey's housing laws and regulations governing 
migrant workers. 

New Mexico 

i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage law unless the employer meets the standards of the F.L.S.A. 

The exemption applies to employees in agriculture if (1) the em- 
ployer did not use more than 500 man-days of agricultural labor in 
any quarter during the preceding calendar year; (2) employee is parent, 
spouse, child, or other family member of the employer; (3) employee 
is employed in hand harvest and paid on piece-rate basis in operation 
generally recognized as paying on this ba^is; (4) employee commutes 
daily to farm; (5) employee has been employed less than 13 weeks in 
preceding year; (6) employee is sixteen or under in hand harvest and 
paid on same piece-rate basis as employees over 16 or employed on 
same farm as his parent or person standing in place of his parent; 
(7) employee is engaged principally in range production of livestock. 
New Mexico Stat. Ann. § 59-3-21 (c), as amended by Ch. 71, L. 1975, 
effective March 3, 1975. 

Collection of Wages. — Agricultural labor is exempt from the wage 
payment laws. N.M. Stat. Ann. § 59-3-1. 

Hours. — Farm and ranch labor is exempt from the maximum hours 
provision providing for a maximum day of 16 hrs. N.M. Stat. Ann. 
§ 59-3-27. 

Child Labor. — A minor 16 or under is exempt from the minimum 
wage law if he is employed as a hand harvest laborer on a piece rate 
basis where his parent is working and is paid the same as adults. 
N.M. Stat. Ann. § 59-3-21. 

Under the minimum age provisions, farm labor is not treated 
differently from other occupations. 

Xo minor under 16 and over 14 shall be employed in any gainful 
occupation during term of school of the district in which such minor 
resides, unless such minor has procured or filed a permit certificate. 
N.M. Stat. Ann. § 59-6-2, as amended by Ch. 115, L. 1973. 

Working Conditions. — No provisions found. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — New Mexico has no labor 
relations act comparable to the Federal Labor-Management Relations 
Act or similar laws enacted in some states. The other labor laws make 
no specific mention of farm labor. 



50 

Workmen's Compensation. — Farm or ranch labor is exempt from the 
compulsory coverage of the Act; however, farm labor can become 
covered on a voluntary basis. X.M. Stat Ann. §59-10-2 et seq.\ Bee 
especially § 59-10-4. 

New York 

i. labor provisions 

Minimum Wage. — In N.Y., minimum wage standards shall apply 
to farm workers. McKinney's N.Y. Stat. Ann. Jjibor Law §§ 670-683. 

Workers employed on an hourly basis are to receive a minimum 
of the following: 

$1.80/hr. on and after January 1, 1975. 
$2.00/hr. on and after January 1, 1976. 

Piece work rates and the value of housing and services are deter- 
mined by regulation. Such regulations shall be promulgated by the 
Commissioner: (a) after consultation with and due consideration of 
the recommendations of the advisor}^ council: and (b) after a public 
hearing held after due notice. McKinney's N-.T. Stat Ann. Labor Law 
§ 673 and § 674. 

An agricultural employee can bring civil action under the Act for 
recovery of wages to which he is entitled. He ma}' recover in a civil 
action the amount of any such underpayments, together with costs 
and such reasonable attorney's fees as may be allowed by the court. 
If an underpayment is found to be willful, an additional amount as 
liquidated damages equal to 25 percent of the total of such under- 
payment found to be due him. McKinney's N.Y. Stat. Ann. Labor 
Law §681. 

Collection of Wages. — Manual workers (defined to include "laborers," 
but broad enough to cover farmworkers) are entitled to weekly wages. 

Farmworkers are excluded from the section providing for cash 
pavment of the wages. McKinney's N.Y. Stat. Ann. Labor Laic § 191 
and § 192. 

Flours. — Farmworkers are excluded from the maximum hours 
provisions providing that work davs shall be 8 hours. McKinney's 
N.Y. Stat. Ann. Labor Law § 220. 

Child Labor. — Maximum hours provisions specifically exclude cover- 
age of minors working in farm labor, except § 130 discussed below. 
McKinney's N.Y. Stat. Ann. Labor Imw §§170 and 171. 

A minor over 12 yrs. of age who presents a farm work permit and 
has parental permission can work at hand harvest for a maximum 
period of 4 hrs. in any work day between the hours of 9 o'clock and 
4 o'clock in the afternoon at times when school is not in session. 
McKinney's N.Y. Stat. Ann. Labor Jjiw §130. 

Minors 14 and above are not subject to maximum hours or hand 
harvest regulations if school is not in session but must secure permits. 
McKinney's N.Y. Stat. Ann. Labor Law § 131f. 

If school is not in session, minors must be 14 to work at farm labor. 
McKinney's N.Y. Stat. Ann. Labor Law § 131 (3)(f). 

Working Conditions. — No specific provision was found. McKinney's 
N.Y. Stat. Ann. Labor Law § 12-d expired in 1972. § 12-d provided 
for an advisory council on farm labor safety to make recommendations 



51 

for farm safety and recommend programs of education concerning 
safely. 

Labor Contractors. — Farm labor contractors arc required to be 
licensed by the State Commissioner of Labor. They are required to 
keep wage and hour records and to itemize deduction from wages and 
the wage rates paid for all workers. McKinney's N.Y. Stat. Ann. 
Labor Law § 212-a. 

Collective Bargaining. — Strikes against producers of farm products 
are exempted from some of the requirements of the N.Y. Anti- 
Injunction Act. McKinney's N.Y. Stat. Ann. Labor Law § 807. 

Workmen's Compensation. — An employer is required to carry com- 
pulsory workmen's compensation if the total wages paid the preceding 
calendar year to farm laborers aggregates $1200 or more. The statute 
presumes that employment by the farm labor contractor is employ- 
ment by the grower or farmer. McKinney's N.Y. Stat. Ann. Workmen's 
Compensation §§ 2(4) and (3) (Group 14b). 

Unemployment Compensation. — Farmworkers were normally ex- 
cluded from unemployment compensation. McKinney's N.Y. Stat. 
Ann. Labor Law § 511. 

Many workers are presently covered under the Federal Supple- 
mental Assistance Program. 

Employers can voluntarily elect to cover farmworkers. McKinney's 
N.Y. Stat. Ann. Labor Law § 561.2. 

Transportation. — Safety standards specifically are set for buses 
transporting children to and from day care centers maintained for 
migrant children. McKinney's N.Y. Stat. Ann. Vehicle & Traffic Law 
§ 375(20) (d). 

Employee Housing. — The Public Health Council is authorized to 
prescribe standards for issuance of permits to operate farm labor 
camps. McKinney's N.Y. Stat. Ann. Public Health Law § 225 (m) and 
§ 1330. 

Faun labor camp commissaries also are required to be operated 
by permit and comply with regulations issued by the industrial 
commissioner. McKinney's N.Y. Stat. Ann. Labor Law § 212-b. 

(1>arles v. Penna, CCH Poverty Lmw Reporter Par. 14, 286 enjoined 
the employer from refusing visitors of the migrant laborers access to 
camps. 

, iiberghini v. Tizes, CCH Poverty Law Reporter Par. 14, 262 allowed 
public access to county health records in order to determine if there 
had been violations of sanitary codes at migrant labor camps. 

II. MISCELLANEOUS LAWS SPECIFICALLY DEALING WITH MIGRANT 

FARMWORKERS 

Education. — Aid to school districts providing summer school for 
migrants is authorized. School districts where migrant labor camps 
are Located may ask for additional donations from surrounding school 
districts. McKinney's N.Y. Stat, Ann. Education Law §§ 2040-a and 
3602-a(13). 

Day Care. — Day-care programs for children of migrant workers are 
authorized. McKinney's N.Y. Stat. Ann. Agriculture and Markets 
Lot § 16(31). 



52 

North Carolina 
i. labor provisions 

Minimum Wage. — Farm labor is exempt from the state minimum 
wage law. N.C. Gen. Stat. § 95-S6. 

Collection of Wages. — Wage payment provisions apply to railroad 
employees. N.C Gen. Stat. §60-55. 

Hours. — Farm labor is exempt from the maximum hours law. N.C. 
Gen. Stat. § 95-17. 

( "li'iid Labor. — The State Child Labor Law does not apply to the em- 
ployment of minors under 18 years of age who are engaged in farm work 
performed under the direction or authority of the minor's parent or 
guardian. N.C. Gen. Stat. § 1 10-1. 

Working Conditions. — Since April 1, 1974, the North Carolina 
Occupational Safety and Health Administration has been enforcing 
the OSHA standards as they apply to agricultural operations, es- 
pecially migrant labor camps. The standards appear in 29 CFR 
1910, paragraph 1910.267 as Federal Regulations and were adopted for 
State enforcement May 1, 1973. The standard reads as follows: 

1910.267 Agricultural Operations 

(a)(1) The standards referenced in the remaining subparagraphs of 
this paragraph apply to the indicated operations, whether or not they 
are agricultural operations. 

(2) Sanitation in temporary labor camps. § 1910.142. 

(3) Storage and handling of anhvdrous ammonia. § 1910.111 (a) 
and (b). 

(4) Pulpwood logging. § 1910.266. 

(5) Slow-moving vehicles. §1910.145. 

(b) Except to the extent specified in paragraph (a) of this section, 
the standards contained in subparts B through S of this part do not 
apply to agricultural operations. 

Labor Contractors. — No provisions were found. 

Organization — Collective Bargaining. — There is no labor relations act 
in North Carolina comparable to the Federal Labor-Management 
Relations Act. 

Workmen's Compensation. — Coverage is voluntary as to farm labor. 
Agricultural labor, however, is an exception to the North Carolina 
Workmen's Compensation statute. N.C. Gen. Stat. §§ 97-1 and 2, 
97-13. 

Unemployment Compensation. — Farm labor is exempt. N.C. Gen. 
Stat.$ 96-8 (g)(4). 

Transportation. — Carriers of migrant workers are subject to safety 
requirements. N.C. Gen. Stat. §§ 20.215.1 to 20.215.5. 

Employee Housing. — Labor Camps — Farm labor camps are subject 
to regulation and licensure by the Departmen of Human Resources. 
N.C. Gen. Stat. § 130-166.1 etseq. 

II. MISCELLANEOUS LAWS SPECIFICALLY DEALING WITH MIGRANT 

FARMWORKERS 

Welfare. — An Opinion of the Attorney General dated March 15, 
1967, and reported in CCH Poverty Law Reporter, Par. 13, 130 con- 



53 

eluded that a non-resident migrant living in a migrant labor camp 
was ineligible for aid under N.C. Gen. Stat. § 108-25 since residency 
had not been established. 

However, in 1970, there was an Attorney General Opinion issued 
to the Commissioner of the Department of Social Services (40 N.C. 
A.G. 712 (1970)) which stated generally that the residency require- 
ment for the receipt of welfare was unenforceable. 

North Dakota 
i. labor provisions 

Minimum Wage. — The state minimum wage law covers women and 
minors. Farm labor is not expressly exempt from the law but no wage 
orders are in effect covering farm labor. N.D. Cent. Code § 34-06-01. 

Collection of Wages. — The statute is broad enough to cover farm 
labor. N.D. Cent. Code § 34-14-02. 

Hours. — No special provisions found. § 34-06-06 which excluded 
females in agricultural labor from maximum hours legislation has been 
repealed. Now there is no statute containing hours limitations for 
women. 

Child Labor. — Maximum hours legislation exempts minors emploved 
in agriculture. N.D. Cent. Code § 34-07-15. 

There is no minimum age for emplo}Tnent when school is not in 
session. 

Vacation permits are required for the employment of minors when 
school is not in session. The permits required must certify school 
attendance for at least 120 davs in the previous school year and the 
literacy of the applicant. N.D. Cent. Code § 34-07-10. 

Fourteen is the minimum age for emplo3 T ment during school hours. 
N.D. Cent. Code § 34-07-01. 

Working Conditions. — No statutes are specifically applicable to 
migrants. 

Labor Contractors. — No statute found. 

Organization — Collective Bargaining. — Agricultural labor is excluded 
from the state labor relations act. N.D. Cent. Code §34-12-01(3). 
Other provisions of state labor laws do not mention agricultural labor. 

Workmen's Compensation. — Agricultural labor is exempt from the 
compulsory provisions of workmen's compensation covering hazardous 
employment. N.D. Cent. Code § 65-04-29. 

Unemployment Compensation. Agricultural labor is exempt. N.D. 
Cent. Code § 52-01-01(15). 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 

Ohio 

i. labor provisions 

^finimnm Wage. — Agricultural labor is exempt from the minimum 
wage law under the following situations : 

(1) when an agricultural employee is employed by an employer 
who did not use, during any calendar quarter of the preceding 
calendar year, more than 500 man-days of agricultural labor, or 



54 

(2) if the employ ee is the parent, spouse, child, or other member 
as employers immediate family. 

Ohio Rev. Code Ann. § 4111.01. 
ectiofi of Wages. — The wage payment statute would be broad 
_-h to cover agricultural employee-. Ohio Rev. Cod* Ami. §4113.15. 
Hours. — Female- in agricultural field occupations are exempt from 
laximum hours legislation. Ohio Rev. Code Ann. § 4107.46(D). 
'<{ Labor. — Xo special provisions are applicable to minor- in 
ultural labor. "Irregular Service-" are exempt from a statute 
tbiting employement of minors under 16 during school hours. 
a Jar Service" is denned to mean service not forbidden by federal 
child labor laws: which does not involve confinement; does not require 
continuous physical strain : is interrupted by rest or recreation periods; 
iocs not require more than four hours in any day or more than 24 
- in any week. Ohio Rer. Code Ann. § 4109.11. 

tutory definition of "irregular service" is broad enough to 
u migrant labor. 

g Conditions. — Xo provisions found which were specifically 
app'i' able to migrant labor. 

Contractors. — No provisions were found. 

lotion — Collective Bargaining. — Ohio has no general labor 

act comparable to the Federal Labor Management Relations 

' f s Corn pen sat ion. — Agricultural labor is not specifically 
tioned in the workmen's compensation act. The statute would be 
broad enough to cover farm labor if the employer employs 1 employee 
or more. Ohio Rev. Code Ann. §4123.01. 

mployment Compensation. — Agricultural labor is exempt. Ohio 
Ann. §4141. 01. 
Transportation. — X'o provisions were found. 
ployee Housing. — Xo provisions were found. 

Oklahoma 

I. LABOR PROVISIONS 

im Wage. — Agricultural labor is exempt from the minimum 
law. The Oklahoma statute specifically provides that the farm 
exemption applies to those employed on a farm in connection with 
raising or harvesting agricultural commodity, including raising, shear- 
ing, feeding, caring for, training and management of livestock, bees, 
poultrv, and furbearing animal- and wildlife, or employed by owner 
or other operator of farm. Okla. Stat. Title 40, § 197.4(f) (1) . 

Collection of Wages. — The definition section of the wage payment 
statute is broad enough to include a farm laborer if he is paid at least 
monthly. Okla. Stat. Title 40, § 165.1(b). 

Hour*. — Maximum hours legislation applicable to females exempts 
females in agricultural labor. Okla State., Title 40. §§ 81-82. 

( ild Labor. — Minimum age legislation applies to specified employ- 
Farm labor is not included. Okla. Stat, Title 40, §§ 71-72. 
Qum hours legislation applicable to minors under 16 excludes 
ral employment. Okla. Stat., Title 45, § 301. 
tificate requirements for employers of minors in specified oc- 
cupations excludes farm labor. Okla. Stat., Title 40, §§ 74, 77-79. 

*king Conditions. — Xo statutes specifically applicable to migrants. 



55 

Labor Contractors. — No statutes found. 

Organization. — Collective Bargaining — Oklahoma bus no labor re- 
lations act comparable to the Federal Labor Management Relations 
Act. The other labor laws make no specific reference to agricultural 
workers. 

Workmen's Compensation. — Agricultural labor is excluded from 
provisions making hazardous employment compulsory. Okla. Stat., 
Title 85, § 2. 

Unemployment Compensation. — Farm labor is exempt. Okla. Stat., 
Title 40, § 229. 

Transportation. — No provisions specifically applicable to migrants 
were found. 

Employee Housing. — Labor Camps — A license from the State Com- 
missioner of Health is required for camps housing 15 or more workers. 
An advisory board of 5, all of whom are owners or operators of camps, 
is to assist in making sanitary and health regulations. Okla. Stat., 
Title 63, § 1001 et. seg. 

Farm labor is exempt from coverage under the Occupational Disease 
Disablement Act. However, an election can be made to be covered. 
iV.il/. Stat. Ann, § 59-11-2. 

Unemployment Compensation. — Farm labor is exemut. New Mexico 
Stat. Ann. §59-9-22.^ 

Transportation. — No provisions were found. 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

Labor Commission, — Agricultural labor is exempt from the definition 
of an employer in the chapter outlining the authority of the State 
Labor Commission to enforce state labor laws. N.M. Stat. Ann. 
§ 59-1-15. Omission from the broad Labor Chapter could be inter- 
perted to mean that labor statutes not specifically mentioning agri- 
culture exclude agriculture from coverage. However, no indication 
of New Mexico's actual interpretation has been found. 

Oregon 

i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage law if (a) the employer did not use more than 500 man days of 
agricultural labor during any quarter of the preceding year; (b) such 
individual is the parent, spouse, child or other member of his em- 
ployer's immediate family; (c) such individual (1) is employed as a 
hand harvest laborer and is paid on a piece-rate basis in an operation 
which has been, and is customarily and generally recognized as 1 • ing 
been paid on piece-rate basis in the region of employment. (2) com- 
mutes daily from his permanent residence to the farm on which 
employed, and (3) has been employed in agricultural labor less than 
13 weeks during the preceding calendar year, (d) such individual, 
other than an individual described in (c) is (1) 16 years of age oramder 
and is employed as a hand harvest laborer, is paid on a piec< 
basis in an operation which has been, and is customarily and generally 
recognized as having been paid on a piece-rate basis in the region of 
employment, (2) is employed on the same farm as his parent or person 
standing in the place of his parent, and (3) is paid at the same pie< e- 



56 

rate as employees over L6 years old on the same farm, or (c) such 
employee is principally engaged in the range of production of livestock. 
Oregon Revised Statutes §653.020. 

Collection oi Wages. — No statute specifically applicable to migrants. 

// vwr8. — The Wage and Hour Commission has no authority to regu- 
late the hours of employment of agricultural employees. Oregon 
Rented Statutes § 653.261(2). 

Child Labor. — No child under 14 shall be employed in any work, or 
labor of any farm for wages or compensation to whomsoever payable, 
during the term when the public schools of the town, district or city 
in which he resides are in session. Oregon Revised Statutes § 653.320(1) 

The statute does not set a minimum age for employment during 
summer vacations. Employment can be varied by school authorities 
under discretion to apply the compulsory attendance laws and by the 
Wage and Hour Commission. Oregon Revised Statutes § 339.010 and 
§653.320(4). 

Maximum hours provisions for minors under 16 include agricultural 
workers, but agricultural workers are exempt from a provision pro- 
hibiting employment of minors before 7:00 a.m. and after 6:00 p.m. 
Oregon Revised Statutes § 653.315. 

Working Conditions. — No statute specifically applicable to migrants. 

Labor Contractors. — Farm labor contractors are required to be 
licensed by the Labor Commission. They are also required to carry 
insurance for vehicles used to transport migrants. Oregon Revised 
Statutes § 658.405. 

Collective Bargaining and Organization. — The statute prohibits out- 
siders from picketing at planting or harvesting times. Only regular 
employees of a farmer are permitted to picket. Oregon Revised Statutes 
§§662.805-825. 

The statute specifically states "It shall be unlawful for any person 
to picket or cause to be picketed any farm, ranch or orchard where 
perishable agricultural crops are produced while such crops are being 
harvested unless such picket has been a regular employee on such 
farm, ranch or orchard immediately prior to the commencement of 
the picketing." Oregon Revised Statutes § 662.815. 

The statute expressly 'states that the Act is not to be interpreted as 
restricting the right to organize and collectively bargain. Oregon 
Revised Statutes § 662.810(2). 

Workmen's Compensation. — The statute does not deal specifically 
with agricultural labor, however, farmworkers are not listed as specific 
exceptions. Also a 1971 amendment deleted a provision which allowed 
agricultural employers not to carry workmen's compensation if their 
payroll for the preceding year did not exceed $1,500. Oregon Revised 
Statutes § 656.027. 

From a reading of the Act, it appears that agricultural labor would 
be covered by the compulsory provisions. 

Unemploy merit Compensation. — Agricultural labor is expressly ex- 
cluded from unemployment compensation. Oregon Revised Statutes 
§657.045(1). 

Transportation. — The Motor Vehicle Division is to adopt a safet} 7 
code for vehicles used to transport workers. Oregon Revised Statutes 
§405.310. 



57 

II. MISCELLANEOUS LAWS SPECIFICALLY DEALING WITH MIGRANT 

FARMWORKERS 

Education. — Statutory provision is made for summer programs for 
migrants. Oregon Revised Statutes § 343.810-835. 

Pennsylvania 
i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage and overtime provisions. Pa. Stat. Title 43, § 333. 105. 

Collection of Waqes. — The wage payment statute is broad enough to 
include migrants. Pa. Stat Title 43, § 260.1. 

Hours. — Females in agricultural labor are exempt from the maxi- 
mum hours statute applicable to females generally. Pa. Stat. Title 43, 
§ 103(b). 

Child Labor. — Outside school hours, there is no minimum age for 
employment. Pa. Stat. Title 43, §§ 41, 42, 48. 

Maximum hours provisions are broad enough to include agriculture. 
Pa. Stat. Title 43, §46. Agricultural laborers are excepted from a 
statute prohibiting employment between 7:00 p.m. and 7 a.m. Title 

There is a statute which prohibits agricultural employment of non- 
resident minors under 16, if the law of the resident state would require 
school attendance. Emplovers are required to keep certificates on file 
from the resident state. Pa. Stat. Title 43, §§ 67-69. 

Working Conditions. — The employee safety statute may be broad 
enough to include migrants. Pa. Stat. Title 43, § 112.1. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — Agricultural labor is excluded 
from the state labor relations act. Pa. Stat. Title 43, § 211.3. 

Workmen's Compensation. — Agricultural labor is covered by the 
compulsory provisions unless it is denned as "casual." "Casual" em- 
ployment involves completion of work in less than 20 days at a labor 
cost of less than $150. Pa. Stat, Title 77, §§ 1, 21, 22. 

Unemployment Compensation. — Agricultural labor is exempt. Pa. 
Stat., Title 43, §753. 

Transportation. — § 25-2509.2 of Pa. Stat. Title 44, provides for pay- 
ment on account of transportation for migrant children for summer 
classes. No other transportation provisions were found. 

Employee Housing. — Labor Camps — The functions, powers and du- 
ties of the Department of Labor and Industry, with regard to inspec- 
tion and licensing of migrant labor camps, as set forth in § 25-9, and 
the power and duty to make, alter, amend and repeal rules and regu- 
lations relating thereto, and the application of the provision of § 25-9, 
to specific conditions are transferred to the Department of Environ- 
mental Resources bv Reorganization Plan No. 1 of 1972. 71 Pa. Stat 
§ 754-1; Pa. Stat Title 43, § 25-9; § 25-12. 



58 

Rhode Island 
i. labor provisions 

Minimum Wage.— Agricultural labor is exempt from the minimum 
wage law. R.I. (Sen. Lairs Ann. §28-12-2. 

Collection oj Wages. — The wage payment statute is broad enough lo 
include agricultural labor. R.I. Gen. Laws Ann. § 28 14-1. 

Hours.— -No specific provision found with regard to farmworkers. 

Prior to 1975, tho maximum hours provisions for females and minors 
in specific occupations bad expressh excluded agricultural labor. B.I. 
Gen. Laws Ann. §28-3-11. § 28-3 lf>, exempting employees from the 
provisions of §§ 28-3-11 to 28 3-14 wa repealed by Ch. 203, L. 1975. 
3 -16 bad provided that the maximum hours provisions were in- 
applicable to utility employees. 

Child Labor. — Agricultural labor is exempt from the minimum age 
law. R.I. Gen. Lairs Ann. §§28-3-1 and 2s :; : . 

Maximum hours Legislation does not applv to agricultural labor. 
R.I. Gen. Laws Ann. §28-3-11. 

•icultural labor is exempt from employment certificate require- 
ments; R.I. Gen. Laws Ami. §28-3-3. 

Working Conditions. — The Industrial Safety Code no longer ex- 
empts agriculture. R.I. Gen. Laws Ann. § 28-19-1 (b) was superseded 
by § 28-20-1 (b). 

Sanitary and safety requirements exempt agriculture. R.I. Gen. 
3 Ann. § 28-21-11. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — Agricultural labor is exempt 
from the state labor relations act. L.I. Gen. Laws Ann. §28-7-3(3). 
There is no right to work law. Other state labor relations provisions 
do not specifically mention farm labor. 

Workmen^ Compensation. — Agriculture is exempt from coverage of 
the Workmen's Compensation Act; however, the law is voluntary as 
to farmworkers of employers of less than 4 employees except those in 
hazardous occupations. 

§ 2S-29-7 of R.I. Gen- Laws Ann. specifically exempts agricultural 
labor from the compulsory provisions applicable to hazardous em- 
ployment. 

Unemployment Compensation. — Agricultural labor is exempt. R.I. 
Gen. Laws Ann. § 28-42-8. 

Transportation. — No provisions found. 

Employee Housing. — Labor Camps — A license is required. The De- 
partment of Public Health has authority over labor camps. R.I. Gen. 
Laws Am,. § 23-21-1 (4) (d) and §23-21-2. 

South Carolina 

i. labor provisions 

Min im urn Wage. — There is no minimum wage law in South Carolina. 

Collection oj Wages. — No statutes applicable to agricultural labor. 

Hours. — Maximum hours legislation applies to employees in specific 

pat ions. Agricultural labor is not included. S.C. Code Ann. 

-40-60. Nor are farmworkers included among the specific 

temptions. See especially S.C. Code Ann. §40-53. 



59 

Child Labor. — Agricultural labor is exempt from the law making 16 
the minimum age for employment during school hours. S.C. Code Ann. 
§ 40-161. No other provisions were found. 

Sec. 40-161 provides. — Employment of minors under age of sixteen 
years. — No minor under the age of sixteen years shall be employed in 
any factory, mine or textile establishment in this State. A minor under 
the age of sixteen years may be employed in any other gainful occu- 
pation when such employment is outside of school hours or during 
school vacation and after the hour of five a.m. and before the hour of 
eight p.m. A minor under the age of sixteen years employed in domestic 
service in private homes, in farm work, or in retail mercantile estab- 
lishments that do not sell alcoholic beverages for consumption on the 
premises may work until eleven p.m. on any night other than a night 
preceding a school day. (1952 Code § 40-161 ; 1942 Code § 7031 ; 1932 
Code §1469; Cr. C. '22 §413; Cr. C. '12 §422; 1903 (24) 113; 1911 
(27) 29; 1916 (29) 655; 1937 (40) 531; 1668 (55) 2789.) 

EJfect oj amendment. — The 1968 amendment rewrote this section. 

Working Conditions. — No provisions specifically applicable to 
migrants. 

Labor Contractors. — No provisions found. 

Organization — Collective Bargaining. — South Carolina has no labor 
relations act similar to the National Labor-Management Relations 
Act. The other state labor laws do not specifically mention agricultural 
labor. 

Workmen's Compensation. — Agricultural labor is exempt from the 
provisions presuming acceptance of coverage by workmen's compen- 
sation. S.C. Code Ann. § 72-13. 

Workmen's Compensation is voluntary as to excluded employments. 
However, the Act shall not apply to an employer whose annual payroll 
is less than $3,000, regardless of the number of employees. 

Unemployment Compensation. — Agricultural labor is exempt. S.C. 
Code Ann. § 68-25. 

Transportation. — No provisions specifically found that were appli- 
cable to migrants. 

South Dakota 

i. labor provisions 

Minimum Wage. — Minimum wage law provisions apply to employ- 
ees 18 years old or over. S.D. Compiled Laws Ann. §60-11-3, as 
amended by S.B. 150, L. 1975, effective July 1, 1975. Among the 
employees exempt from coverage are babysitters or persons employed 
as outside salesmen. Agricultural workers are not specifically exempt. 

Collection oj Wages. — Payment of wages is to be monthly to specified 
categories of laborers. The statute is broad enough to include agricul- 
ture. S.D. Compiled Laws Ann. § 60-11-9. Also see § 60-11-8. 

Hours. — Maximum hours legislation applicable to minors under 16 
excludes farm laborers or persons attending livestock. S.D. Compiled 
Laws Ann. § 60-12-1, as amended by Ch. 303, L. 1973. 

Child Labor. — Minimum age laws for employment do not apply to 
farm labor. S.D. Compiled Laws Ann. §§ 60-12-1 to 60-12-21. 

Agriculture is excluded from maximum hours legislation. S.D. 
Compiled Laws Ann. § 60-12-1. 

Working Conditions. — Agricultural labor is excluded from the 
Occupational Disease Act. S.D. Compiled Laws Ann. §62-8-6; how 

71-783—76 5 



60 

ever, ( 62 8 6 does state that, "Every employer of workmen Bubiecl 
to the workmen's compensation law shall be subject to the provisions 
of this Chapter . . ." 

Labor Contractors.— No provisions found. 

Organization — CoUectivt Bargaining. — The sections on labor unions 
collective bargaining and picketing boycotts both have special 
provisions dealing with rights of farm laborers. S.D. Compiled Laws 
Ann. §§ 60-9-6 to - 9 and §§ 60-10-4 to -7. 

Section 17.1 His of the Union Regulation Act provides that "no 
person shall boycott, assist in boycotting, or order to be boycotted, or 
otherwise interfere with the movement to market, or the sale of any 
commodity or farm product because such product may have been 
produced by nonunion labor or in violation of the orders of rules of any 
labor union.'' This section, along with others relating to organization 
or picketing in agriculture, was held unconstitutional by a South 
Dakota circuit court in 1944. AFL v. Mickelson, 14 LRRM 846, 15 
LRRM 751. 

Section 17.1107 of the Union Regulation Act provides that "no 
person shall picket, aid in the picketing of, or order to be picketed, the 
home of any employee or worker on any ranch, farm, feed yard, 
shearing plant, or other agricultural premise." This section also was 
held unconstitutional bv a South Dakota circuit court in 1944 AFL v. 
Mickelson, 14 LRRM 846, 15 LRRM 751. 

§ 60-9A-1 of S.D. Compiled Laws Ann. (Collective Bargaining 
statute) excludes farm and ranch labor from the definition of 
"employee". 

Workmen's Compensation. — Farm labor is excepted from coverage. 
It is voluntarv, however, for agricultural labor to be covered by the 
Act. S.D. Compiled Lairs Ann. § 62-3-15; § 62-3-17. 

Transportation. — No provisions found. 

Tennessee 
i. labor provisions 

Minimum Wage. — There is no minimum wage law. 

Collection of \\ 'ages.— The provision for semi-monthly wage payment 
is broad enough to include agricultural labor if the employer has 5 or 
more employees. Tenn. Code Ann. § 50-306. 

Hours. — Maximum hours legislation applies to females and minors 
in >pecified occupations. Agricultural labor is expressly excepted. Tenn. 
Code Ann. §50-719. 

Child Labor. — Agricultural labor is excluded from minimum age and 
employment certificate requirements. Tenn. Code Ann. §§ 50-726, 727, 
732. 

Working Conditions. — The 1972 state occupational health and safety 
act would be broad enough to cover agricultural workers. (1972 Sess. 
Laws, S.B. 2150 at p. 165 of CCH Session Law Reporter.) (Tenn. Code 
Ann. §§50-50 — 50-579.) However, under § 50-504 (g), a listed 
exception is, "any employee engaged in agriculture who is employed 
on a farm each of the employees of which is related to the employer as 
spouse, child, parent, grandparent or grandchild. 

Labor Contractors. — Xo provisions were found. 

Organisation — Collective Bargaining. — Tennessee has no statute 
comparable to the Federal Labor-Management Relations Act 



61 

although it has several statutes comparable to portions of that act. 
The latter does not seeni broad enough to cover agricultural labor. 

Workmen 's Compensation. — Agricultural labor is exempt from the 
presumption of coverage. Tenn. Code Ann. § 50-906. 

Unemployment Compensation. — Agricultural labor is exempt. Tenn. 
Code Ann. § 50-1309(g)(6)(D). 

Transportation. — Xo provisions found. 

Employee Housing. — Xo provisions found. 

Texas 
i. labor provisions 

Minimum Wage. — Texas enacted a comprehensive minimum wage 
law in 1970, Texas Minimum Wage Act of 1970, Article 5159d. This Act 
was last amended by S.B. 1114, L. 1975, effective June 19, 1975. 
"Employee" includes any individual employed by an employer, includ- 
ing agricultural workers. 

The coverage of agricultural labor encompasses employees of 
employers using more than 300 rnan-days during calendar quarter in 
preceding year. Employees engaged in the production of livestock and 
all employers using less than 300 man-days of agricultural labor in any 
calendar quarter of the preceding calendar year are exempt from the 
minimum wage law. 

Farmworkers who are non-residents cannot be paid less than 20 
cents less than the federal minimum wage for agriculture as provided 
under the FLSA. 

With regard to resident agricultural workers, if living quarters are 
furnished, a farmworker is entitled to $30 a week. Family members of 
such resident workers can be paid less than minimum wage if employed 
by same employer. 

The Commissioner of Agriculture will establish piece rates for hand 
harvesters after public hearings. Piece rates are to be reviewed at 
least once a }'ear and can be suspended for not to exceed 30 days in 
case of disaster or calamity. 

Certain handicapped agricultural workers and persons over age 65, 
except piece rate workers, can be employed at lower rates, but not less 
than 60% of applicable minimum wage, if the employer obtains a 
medical certificate prior to emplovment. Texas Revised Civil Statutes 
Art. 5159(d). 

Collection oj Wages. — Payment of wages may be weekly or monthly 
depending on the agreed length of service. Texas Rev. Civ. Stat. Art. 
5485. 

Hours. — Xo provision for maximum hours exists for men. Women 
agricultural workers are not covered under the maximum hours pro- 
vision for women. Texas Rev. Civ. Stat. Art. 5172(a). 

Child Labor. — Minimum age law docs not appear to apply to farm- 
workers. A child of any age may be employed in agricultural work 
during the summer months. Work permits during the school year will 
only be issued to children over the age of 14. Texas Penal Code. Art. 
1577 (Transferred to Vernon's Ann. Civ. Stat. Arts. 5181a to 5181h). 

Agricultural labor is exempt from the maximum hours law applicable 
to minors under 15 yrs. of age. Texas Penal Code. Art. 1578(a) (Trans- 
ferred to T i r emon's Ann. Civ. Stat. Art. 5181g). 



62 

The labor agents Btatute provides for penalties for violation of 
compulsory school attendants laws. Texas Rev. Civ. Stat. Art. 5221 
(a)-5, 6. The law specifically states: 

Out-of-State Agencies 

Si C. 6. No foreign labor agent, labor bureau or labor agency or other person 
or corporation resident of or domiciled in any other State or territory of the United 
States shall enter this State and attempt to hire, entice, or solicit or take from this 
State any common or agricultural workers, singly or in groups, for any purpose 
without first applying to the Commissioner of the Bureau of Labor Statistics 
for a license as an employment or labor agent as provided by this Act. 

Working Conditions. — Migrant laborers are required to be examined 
for tuberculosis within sixty days prior to employment and submit the 
certificate to the labor contractor or the employer. Texas Rev. Civ. 
Stat. Art. 4477-12(6). 

The occupational safety statute is broad enough to include farm 
labor employers, since it applies to an}' ''Foreman or any other person 
having control or custody of any employee. " Texas Rev. Civ. Stat. 
Art. 5182(a). Under that statute a safety commission is to promulgate 
regulations. 

The State Board of Health shall promulgate rules and regulations 
necessary for the protection of health and safety of employees in mi- 
grant labor camps, including provisions relating to camp construc- 
tion^ sanitary conditions, water supply, toilets, sewage disposal, refuse 
and garbage storage, collection, and disposal, light, air, safety, pro- 
tection from fire hazards, equipment, and maintenance and operation 
of the camp. Rules and regulations may also be issued for the em- 
ployee's upkeep of such facilities. Texas Rev. Civ. Stat. Art. 5221e-l. 

Labor Contractors. — Labor agents are required to be licensed by the 
Commissioner of the Bureau of Labor Statistics. Texas Rev. Civ. Stat. 
Art. 5221 (a)-5. 

Collective Bargaining. — Nothing covering agricultural labor could 
be found. A separate section of the Texas right-to-work law once pro- 
vided coverage for migrant laborers. Texas Rev. Civ. Stat. Art. 7428-2. 
However, the 1974-1975 supplement indicates that Arts. 7426-7447 
have been repealed. * 

Workmen's Compensation. — Farm laborers are specifically excluded 
from workmen's compensation. Texas Rev. Civ. Stat. Art 8306, § 2. 

employment Compensation. — Agricultural laborers are expressly 
excluded from unemployment compensation. Texas Rev. Civ. Stat. 
Art. 5221 b-1 7 (g)(5)(b)/ 

Transportation. — Minimum safety standards must be met by 
vehicles carrying migrant workers. Texas Rev. Civ. Stat. Art. 911(g). 
The regulations prescribed in this Act shall be applicable to motor 
carrier- of migrant agricultural workers only in the case of transpor- 
tation of any migrant worker for a total distance of more than 50 
miles; Art. 911(g) §2. 

Employee Housing. — Labor Camps — The 1971 Legislature passed a 
migrant labor camp law T and granted licensing authority to the State 
Commissioner of Health. In addition to fines, the Commissioner is 
expressly authorized to ask the court for injunctions. Tex. Rev. Civ. 
Stat. Art 522e-l. 



63 

An article by Richard R. Brann "Housing of Migrant Agricultural 
Workers," 46 Texas Law Rev. 933 (1968) summarizes federal and state 
programs on home base and on-the-job housing in Texas. 

II. SPECIAL AGENCIES DEALING WITH MIGRANT PROBLEMS 

Good Neighbor Commission of Texas. — A nine member commission 
is to coordinate the work of local, state and federal governmental 
units and offer suggestions for new programs. Texas Rev. Civ. Stat. 
Art. 4101-2; especially 4101-2 (i) (1-8). 

Utah 
i. labor provisions 

Minimum Wage. — Minimum wage law applies to women and minors 
in "occupations, trades, and industries." Utah Code Ann. § 34-22-5 (1). 

It appears that argicultural labor may be exempt. 

Collection oj Wages. — The pertinent sections of the Utah law relating 
to collection of wages are Utah Code Ann. § 34-28-1 and § 34-28-5. 
They are reproduced below. 

34-28-1. Public and certain other employments excepted. — None of 
the provisions of this chapter shall apply to the state, or to any county, 
incorporated city or town, or other political subdivision, or to employ- 
ers and employees engaged in farm, dairy, agricultural, viticultural or 
horticultural pursuits or to stock or poultry raising, or to household 
domestic service, or to any other employment where an ageeement 
exists between employer and employee providing for different terms 
of payment, except the provisions of section 34-28-5 shall apply to 
employers or employees engaged in farm, dairy, agricultural, viti- 
cultural, horticultural or stock or poultry raising. 

34-28-5. Separation from payroll — Resignation — Supsension be- 
cause oj industrial dispute. — (1) Whenever an employer separates an 
employee from his payroll, the unpaid wages of such employee shall 
become due immediately, and the employer shall pay such wages to 
the employee within 24 hours of the time of separation at the specified 
place of payment. 

In case of failure to pay wages due an employee within 24 hours of 
a demand therefor, the wages of such employee shall continue from 
the date of separation until paid, but in no event to exceed sixty days, 
at the same rate which the employee received at the time of separation. 
The employee may recover the penalty thus accruing to him in a civil 
action. This action must be commenced within sixty days from the 
date of separation. Any employee who has not made a demand for 
payment shall not be entitled to any such penalty under this sub- 
section. 

(2) Whenever an employee (not having a written contract for a 
definite period) quits or resigns his employment, the wages earned 
shall become due and payable not later than 72 hours thereafter, 
unless such employee shall have given 72 hours' previous notice of his 
intention to quit, in which latter case such employee shall receive his 
wages at the specified place of payment at the time of quitting. 



04 

In the event of the suspension of work as the result of an indus- 
trial dispute, the wages earned and unpaid at the time of this suspen-i 
sion shall become due and payable at the next regular payday, as 

provided in section 34-28-3, including without abatement or reduction 
all amounts due all persons whose work has been suspended aa a 

result of such industrial dispute, together with any deposit or other 
guaranty held by the employer for the faithful performance of the 
duties of the employment. 

Hours. — It does not appear that agricultural labor would be covered 
by the maximum hours legislation. Utah (Ode Ann. § .34-22-14. 

Child Labor. — Minors 12 or older shall be permitted to work in 
nonhazardous agricultural work. Utah Code Ann. § 34-23-6. 

With consent of minor's parent, guardian, or custodian, no specific 
age limitations or restrictions are felt necessary, for home chores and 
other work done for parent cr guardian, any casual work determined 
harmful by the Commission, and agricultural work including the 
operation of power-driven farm machinery in the production of agri- 
cultural products. Utah ('ode Ann. § 34-23-S. 

Working Con flit ions. — Xo provisions found. 

Labor Contractors. — Xo provisions found. 

Organizational — Collective Bargaining. — Agricultural labor is exempt 
from the state labor relations act. Utah Code Ann. § 34-20-2. 

Workmen's Compensation. — Agricultural labor is exempt; however, 
farm laborers can voluntarily come within the coverage of the act. 
Utah Code Ann. §35-1-42(2). 

Unemployment Compensation. — Agricultural labor is exempt. Utah 
Code Ann. § 35-4-22 (j)(6)(i). 

Transportation. — Xo provisions found. 

Employee Housing. — No provisions found. 

Vermont 
i. labor provision's 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage law. Vt. Stat. Ami. Title 21, § 383. 

Collection of Wages.'— The statute is not specifically applicable to 
agricultural workers, but it is broad enough to include them. Vt Stat. 
Ann. Title 21, § 342. 

Hours. — The hours provisions cover specific categories of workers 
which would not be broad enough to include agriculture. The law 
specifically covers minors 16 to 18 in any mine or quarry, manu- 
facturing, or mechanical establishment. Vt. Stat. Ann. Title 21, § 440. 

Child Labor. — Minors in agriculture are exempt from maximum 
hours provisions. Vt. Stat. Ann. Title 21, § 434. 

Agricultural labor is not treated any differently from other occupa- 
tions in the minimum age provisions. 16 years old is the minimum age 
for employment in any gainful occupation during school hours without 
an employment certificate. Vt. Stat. Ann. Title 21, §431. 14 is the 
minimum age in any gainful occupation during school hours. T7. Stat. 
Ann. Title 21, § 436. There are no other minimum age provisions. 

Working ( onditions. — The Vermont Occupational Safety and Health 
Act applies to agricultural labor. 

Labor Contractors. — Xo provisions found. 



65 

Organization — Collective Bargaining. — The state labor relations act 
is specifically inapplicable to agricultural workers. Vt. Stat. Ann. Title 
21, § 1502 (6) (A). 

Workmen's Compensation. — No specific exemption is made for agri- 
cultural workers. 

There is a special provision covering farmers with annual payroll of 
$1000 or over in a calendar year. Vt. Stat. Ann. Title 21, § 601. 

Also, a person engaged in agriculture for any employer whose 
aggregate payroll is less than $1000 in a calendar year may be covered 
if his employer notifies the commissioner he wishes to be included 
within the provisions of this chapter. 

Unemployment Compensation. — Agricultural labor is exempt. Vt. 
Stat. Ann. Title 21, § 1301 (6)(c)(i). 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 

Virginia 
i. labor provisions 

Minimum Wage. — Virginia enacted a minimum wage law in 1975. 
Agricultural labor is exempt from the provisions of the law. Virginia 
Code Annotated § 40.1-28.9(B)(1). 

Collection of Wages. — The statute may be broad enough to cover 
agriculture. Virginia Code Annotated § 40.1-29. 

Hours. — No provisions found. 

Child Labor. — Minors in agriculture are not covered by the minimum 
age provisions in Virginia's Child Labor Law. Minors in agriculture 
are also excluded from the maximum hours legislation. Virginia Code 
Annotated §40.1-79—40.1-113. 

The law specifically provides that, "nothing in this chapter shall 
relate to work outside of school hours on farms, in orchards, in gardens 
or in the gathering or processing of seafood performed with the con- 
sent of the child's parent or guardian." Virginia Code Annotated 
§40.1-79. 

Excepted from employment certificates is work of minors on farms, 
orchards, in gardens, and in gathering and processing of seafood. 
Virginia Code Annotated §§ 40.1-85 to 40.1-99 and 40.1-84. 

Working Conditions. — No provisions found. 

Labor Contractors. — Labor contractors are required to be licensed. 
Virginia Code Annotated § 5S-384. 

Organization — Collective Bargaining. — Agricultural labor is specifi- 
cally excluded from coverage of the Virginia Labor Relations Act. 
Virginia Code Annotated Title 21, § 1501 (6) (A) 

Workmen's Compensation. — Agricultural labor is excluded from 
coverage; however, farmworkers can voluntarily include themselves 
within the provisions of the law. Virginia Code Annotated § 65.1-28. 

Unemployment Compensation. — Agricultural labor is exempt. Vir- 
ginia Code Annotated § 60.1-3 and § 60.1-14 

Transportation. — No provisions found. 

Employee Housing. — Labor Camps — The Department of Public 
Health is authorized to license labor camps. Virginia Code Annotated 
§ 32-415 to § 32-422. 



66 

Washington 
i. labor provisions 

Minimum Wage. — Agricultural labor is exempt from the minimum 
wage law. Washington Kevised Code § 49.46.010 (a)(i). 

Collection of Wages. — The Director of Labor and Industrie- Ls 
specifically authorized to hear disputes concerning payment of wages 
of seasonal labor. Seasonal labor is defined to include all work per- 
formed for a period exceeding one month if wages are not paid at 
any fixed interval but rather at the termination of the employment. 
Seasonal labor also includes employment outside of the state if the 
contract was entered into in Washington and payment is made in 
Washington. Court appeal of the administrative decision is also 
authorized. Wash. Rev. Code §49.40.010. 

Hours. — Women engaged in agricultural labor are expressly exempt 
from the maximum hours provisions for women generally. Wash. Rev. 
Code § 49.28.070. 

Chdd Labor. — Farm labor is exempt from a provision making it a 
misdemeanor if the parent fails to obtain a work permit for any 
child under 14. Wash. Rev. Code § 26.28.060. 

Certificates for children under 14 are issued by a judge of the 
Superior Court for any emplovment not connected with farm or 
house work. Wash. Rev. Code § 26.28.060. 

Minimum age for employment during school hours is found in the 
compulsory school attendance laws to be fifteen unless the school 
authorities issue a certificate excusing students from attendance. 
Wash. Rev. Code § 28A.27.010. 

Xo minimum age is set for employment in agriculture outside of 
school hours. 

Working Conditions. — Xo statute specifically applicable to migrants. 

Labor Contractors. — Migrant farm labor contractors are required to 
be licensed by the state. Wash. Rev. Code § 19.30.010, § 19.30.020. 

Collective Bargaining. — Washington has no general labor relations 
act comparable to the Federal Labor — Management Relations Act. 

The Labor Dispute Act does not exclude farm labor. Wash. Rev. 
Code § 49.32.010. 

Workmen's Compensation. — Agricultural workers are covered by 
the law. Seasonal laborers are covered if their cash wages from one 
employer in a calendar year exceed $150. Wash. Rev. Code §§ 51.12.010 
and 51.12.020. 

By case law, it has been held that agriculture is included within 
the scope of the Industrial Insurance Act to the extent that the 
agricultural product is involved in a separate and distinct manu- 
facturing process. Heintz v. Labbee, 469 P. 2d 203 (1970). 

Unemployment Compensation. — Agricultural labor is exempt. Wash. 
Rev. Code § 50.04.150 

Transportation. — Xo statute specifically applicable to migrants. 

Employee Housing. — All new migrant housing is to comply with 
the State Board of Health standards. Wash. Rev. Code § 70.54.110. 



67 

West Virginia 
i. labor provisions 

Minimum Wage. — The state wage and hour statute has the same 
coverage as the FLSA, as amended. W. Va. Code Ann. § 21-5C-1. 

Agricultural labor is exempt from the minimum wage law to some 
extent. The Commissioner denned exempt agricultural employees as 
follows: "Agriculture includes farming in all its branches, including 
cultivation and tillage of the soil; dairying; production, cultivation, 
growing, and harvesting of agricultural or horticultural commodities 
as defined by the federal Agricultural Marketing Act; raising of live- 
stock, bees, furbearing animals, or poultry; practices, including 
forestry or lumbering operations, performed by a farmer or on a farm 
as an incident to such farming operation, including preparations for 
market, delivery to storage or to market, or to carriers for transporta- 
tion to market." §301-11, Administrative Regulations effective 
January 6, 1975. 

Collection oj Wages. — The wage payment statute is broad enough 
to include agriculture. W. Va. Code Ann. § 21-5C-5. 

Hours. — The law covering hours has the same coverage as the 
F.L.S.A., as amended. W. Va. Code Ann. § 21-5C-1. 

Child Labor. — Agricultural labor is exempt from maximum hours 
legislation. W. Va. Code Ann. § 21-6-7. 

Agricultural labor is also exempt from minimum age requirements. 
W. Va. Code Ann. § 21-6-1. 

Working Conditions. — No provisions were found. 

Labor Contractors. — No provisions were found. 

Organization — Collective Bargaining. — The state labor relations act 
excludes agricultural labor. W. Va. Code Ann. § 21-1A-2. 

Workmen's Compensation. — Farm labor of 5 or less full-time em- 
ployees is exempt from coverage. Otherwise agricultural labor comes 
within the provisions of the law. Employers who are not required to 
subscribe to workmen's compensation may voluntarily elect to 
subscribe. W. Va. Code Ann. §23-2-1. 

Unemployment Compensation. — Agricultural labor is exempt. W. Va. 
Code Ann. § 21A-1-3. 

Transportation. — No provisions found. 

Employee Housing. — No provisions found. 

Wisconsin 
i. labor provisions 

Minimum Wage. — § 104.01 of Wis. Stat. Ann. defines "employer" 
and "employee." There is no express exclusion for agricultural labor. 

Minimum rates for agricultural emplovees shall be $1.80 per hour 
effective July 1, 1975. ($1.89 per hour, effective July 1, 1976; and $1.98 
per hour, effective July 1, 1977) for employees 18 and over; and $1.44 
per hour, effective July 1, 1975 ($1.51 per hour effective July 1, 1976; 



68 

and $1.58 per hour, effective! July 1, 1977) for minors 17 and under. 
These rates are sot forth by order. 

Minimum wage for women & minors is set by order also. Wis. Stat. 
Ann. § 104.01. The orders in effect are set out in BNA's State Labor 
Relations Reporter^ SLL 60:304. (Source: Ch. Ind. 72 of Department 
of Industry, Labor and Human Relations' regulations). 

The order for agricultural workers further provides that allowances 
for board and or lodging may be made in amounts not exceeding the 
following: 

Lodging — $14.40 per week or $2.05 per day effective July 1, 1975 
($15.10 per week or $2.15 per day, effective July 1, 1976; and $15. S5 
per week or $2.25 per day, effective July 1, 1977) for employees 18 or 
over; and $11.50 per week or $1.65 per day, effective July 1, 1975 
($12.10 per week or $1.75 per day effective "July 1, 1976; and $12.65 
per week or $1.80 per day, effective July 1, 1977) for minors 17 and 
under. 

Meals— $21.60 per week or $1.05 per meal, effective July 1, 1975 
($22.70 per week or $1.10 per meal, effective July 1, 1976; and $23.75 
per week or $1.15 per meal, effective July 1, 1977) for employees 18 
and over; and $17.30 per week or $.80 per meal, effective July 1, 
1975 ($18.10 per week or $.85 per meal, effective July 1, 1976; and 
$18.95 per week or $.90 per meal, effective July 1, 1977) for minors 17 
and under. (§ 72.05 (2) of the Order) 

Room and Board — Room and Board deductions may not be made 
from the wages of a seasonal non-resident agricultural employee that 
would result in such employee receiving less than the prescribed 
minimum rate. (§ 72.04 (3)). 

There is an order in effect also which is expressly applicable "season- 
al workers." It covers women and minors. The order is issued each 
season. Wis. Adm. Code § Ind. 73.01 to 73.10. It covers canning, first 
processing fresh fruits and vegetables. (See BNA, State Labor Re- 
lations Reporter, SLL 60:306). 

Collection of Wages. — Wage pa} 7 ment provisions apply if the worker 
earns more than $500/month. Wis. Stat. Ann. § 103.39. 

Labor legislation regarding migrant farmworkers in Wisconsin 
can be found in 1951 Wis. L. Rev. 344, 347. 

Hours. — Maximum hours legislation covers women in specified 
occupations — not including agricultural labor. Wis. Stat. Ann. § 103.01 
& § 103.02. 

Child Labor. — Agricultural labor is covered by the minimum age 
statute. Minors 12 and over may be employed in agricultural pursuits. 
Wis. Stat. Ann. § 103.67. 

An exemption regarding employment certificates is given minors 
12 years old and over engaged in agricultural pursuits. Wis. Stat. Ann. 
§ 103.70 (1) and § 103.70 (2). 

Working Conditions. — No provisions w 7 ere found. 
Labor Contractors. — No pro visions were found. 

Organization — Collective Bargaining. — The state labor relations 
Act is broad enough to include farmworkers, but does not expressly 
include them. Wis. Stat. Ann. § 111.01 and § 111.02. 

Workmen's Compensation. — Coverage is compulsory as to farmers 
with 6 or more employees Wis. Stat. Ann. § 102.04 (l)(c). 

The statute specifically provides that every person engaged in 
farming who on any 20 consecutive or non-consecutive days during 



69 

a calendar year employs 6 or more employees, whether in one or 
more locations, shall be covered. 

Lnemployment Compensation. — Agricultural labor is exempt. Wis. 
Stat. Ann. § 108.02. 

Transportation, — No provisions found. 

Employee Housing. — Labor Camps — Labor camps are required to 
be licensed. Wis. Stat. Ann. § 101.20. The minimum wage order also 
provides that lodging should be adequate, decent and sanitary. (Regs. 
Industrial Commission, Ch. 72). 

Wyoming 
i. labor provisions 

Minimum Wage. — An}' individual employed in agriculture is 
exempt from State minimum wage law. W.S. 27-207 (d) (i). 

Methods of Payment. — Agricultural labor is exempt from semi- 
monthly payments. W.S. 27-192 (c). 

Payment of Wages. — Employees who are terminated must be paid 
within 24 hours; employees who quit must be paid within 72 hours; 
no exemptions for agricultural labor. W.S. 27-195. 

Hours and Overtime. — Agricultural labor is not covered b}* the 
female overtime provisions which requires overtime after 8 hours per 
day and 48 hours per week. W.S. 27-218. 

Child Labor. — No child under 16 } T ears of age shall be emplo} r ed 
at any gainful occupation except farm or domestic work, for more 
than 8 hours in any 12 hour period, or before 5:00 a.m. or after 10:00 
p.m. on school days and 12 midnight on non-school days. W.S. 27-228. 

Children emploved in farm labor are not required to obtain work 
permits. W.S. 27-225. 

No minor, however, under 16 and enrolled in school shall be per- 
mitted to work during school hours. W.S. 27-229. 

Labor Contractors. — Contracts for alien labor are void; a third 
party is prohibited from receiving pav for alien's labor. W.S. 27-204- 
206. 

Organization. — Wyoming has no specific labor-management viola- 
tion act. It is declared to be State policy that workers have right to 
organize for the purpose of protecting the freedom of labor and of 
bargaining collectively with employers for acceptable terms and 
conditions of employment; employees should be free from interference, 
restraint or coercion in the exercise of these rights. W.S. 27-239. 

Neither membership nor abstention from labor organization can 
be required of employees by employers. W.S. 27-245.2-245.3. 

Occupational Health Safety and Working Conditions. — Agricultural 
and farming employers are subject to these statutory provisions and 
rules and regulations of the OSII Commission. W.S. 27-274- 

Workers Compensation. — Agricultural and farming employers are 
not required to register or participate under the Workers Compensa- 
tion Statute; such employers may elect to participate. Protection 
and coverage of agricultural emplovees depends on whether the 
employer has elected to participate. W.S. 27-310-388. 

Unemployment Insurance. — Agricultural employers are exempt from 
the requirements of Unemployment Insurance participation and 
contribution. W.S. 27-23. 



70 

12mployee Housing. — The Commissioner of Labor is given the power 

to make an inspection of living accommodations provided for em- 
ployees where such accommodations are furnished as part of wages. 
U'.s. 97-13. 

Discrimination. — Agricultural labor is also covered by the Fair 
Employment Practices Act which prohibits discrimination based on 
sex, race, creed, color, national origin and ancestry. W.S. 27-261. 

Transportation. — No provisions. 

A Selective Sampling of State Laws Relating to the Education 

or Migrants 

CONTENTS 



Page 

California 70 

Colorado 73 

Florida 76 

Idaho 77 

Illinois 77 

Massa chusetts 81 

New York 82 

Oregon 83 

Texas 84 

A Selective Sampling of State Laws Relating to the Education 

of Migrants 

california 
Summary of Statutes 

Each county superintendent of schools is given authority to provide 
emergency schools and teachers for migratory laborers engaged in 
seasonal industries in the count}'. He may also provide for transporta- 
tion of the children of migrant workers to established schools. Alter- 
natively the migrant children can be lodged near a regular school. 
Emergency schools must be maintained in accordance with standards 
provided by the State Superintendent of Public Instruction. (Calif. 
Education Code, § 896) 

Another section grants state aid to districts "impacted by seasonal 
agricultural employment." A monetary limit is set and the aid ex- 
pressly cannot be used to promote ethnic segregation. (Calif. Education 
Code, i 19,699) California Education Code, §§ 896 to 896.3. 

Article 11 
EMERGENCY SCHOOLS 

Sec. 

890. Provision for emergency education. 

896.1 Requisition of funds of suspended school districts. 

896.2 Insurance. 

896.3 Transfer or sale of property. 

Sec. 806. Provision for emergency education 

Tn order to provide elementary education for children residing in 
the county, or in order to provide elementary education for children of 



71 

migratory laborers engaged in seasonal industries within the county, 
the county superintendent of schools may, with the approval of the 
county board of education, when funds are not available from other 
sources and in his judgment it is necessary, do any one or more of the 
following acts: 

(a) Establish and maintain one or more emergency elementary 
schools for children. 

(b) Provide one or more emergency teachers for the regular ele- 
mentary schools of the districts in the county for the pupils. 

(c) Provide transportation for the children to an elementary school. 

In lieu of providing transportation of any pupil, the county super- 
intendent of schools may, with the approval of the county board of 
education, pay to the parents or guardian of the pupil the cost of 
food and lodging for the pupil at a place convenient to an elementary 
school. The amount so paid shall not exceed the cost of providing for 
the transportation of the pupil to and from his home and the school. 

The county superintendent of schools may, with the approval of 
the county board of education, pay the expenses incurred in providing 
all the facilities and services authorized in this section, including neces- 
sary capital outlays, from the county school service fund. 

All emergency schools shall be maintained in accordance with 
standards prescribed by the Superintendent of Public Instruction. 
(Added by Stats. 1968, c. 182, p. , § 7.) 

Sec. 896.1 Requisition on funds of suspended school districts 

The county superintendent of schools shall draw requisitions upon 
the unobligated funds of any suspended school district under his juris- 
diction to pay in whole or in part the expenses incurred for the mainte- 
nance of emergency schools in the district. 
(Added by Stats. 1968, c. 182, p. , § 7.) 

Sec. 896.2 Insurance 

The county superintendent of schools may, with the approval of 
the county board of education, insure all real and personal property 
constructed, purchased, or otherwise provided by him for emergency 
schools established by him. 
(Added by Stats. 1968, c. 182, p. , § 7.) 

Sec. 896.3 Transfer or sale of property 

The county superintendent of schools may, with the approval of 
the county board of education, transfer or sell the real and personal 
property of any emergency school maintained by him to any elementa- 
ry school district under his jurisdiction, or to any other political subdi- 
vision of the state within which the school is located, upon such terms 
and conditions as are agreed upon by the county superintendent of 
schools, with the approval of the county board of education, and the 
governing board or authority of the district or other political subdivi- 
sion. Districts and other political subdivisions may enter into such 
agreements and acquire such property. Any funds received by the 
county superintendent of schools under this section shall be paid by 
him into the county school service fund. 
(Added by Stats. 1968, c. 182, p. , § 7.) 



i'l 

Article 5 

SCHOOL HOUSING AID FOR DISTRICTS IMPACTED BY SEASONAL 
AGRICULTURAL EMPLOYMENT 

Sec 

Maximum funds available; acquisition of portable buildii 

■ 1 Availability of portable buildings to school districts. 

1.2 Application for use of portable building-. 

19699.3 Cessation of need for portable buildings. 

19.4 Administration. 

19699.5 Disposition of money received. 

Sec. 19699. Maxim am funds available; acquisition of portable buildings 

Not to exceed one million five hundred thousand dollars ($1 ,500,000) 
of the amount of the proceeds of bonds issued under the State School 
Building Aid Bond Law of 1966 l which are reserved pursuant to 
Section 19945 may be expended pursuant to this article. 

Nothing in this article shall be construed to sanction, perpetuate or 
promote the racial or ethnic segregation, or the segregation by eco- 
nomic class, of pupils in the public schools. 

The funds shall be expended by the State Allocation Board, for the 
acquisition of portable school and classroom buildings, and for the 
expenses incurred in the administration of this article. 

The portable school and classroom buildings may be made available 
by the board, upon the recommendation of the Director of Compen- 
satory Education, to any school district which, because of the influx 
for temporary periods in the school year of large numbers of persons 
employed in seasonal agricultural work, experiences emergency in- 
creases in school enrollments of such magnitude as to make it impossi- 
ble or impactical to accommodate the additional pupils in existing 
school buildings and facilities available to the district. 

(Added bv Stats.1966, 1st Ex.Sess., c. 106, p. 578, § 3, urgency, eff. 
May 25, 1966. Amended by Stats.1967, c. 1701, p. 4260, § 1, urgency, 
eff/Sept. 2, 1967.) 

Sec. 19699.1 Availability oj portable buildings to school districts 

The portable school «and classroom buildings acquired pursuant to 
this article shall be made available to a school district irrespective of 
whether the district is otherwise in receipt of or eligible for assistance 
under an}* other provisions of this chapter. 

The use of the portable school and classroom buildings may be 
made available to a school district by letting the same to the district 
free of charge, or by lease, or by conveying the same to the district 
under lease-purchase agreement, sale, or outright grant, as determined 
by the State Allocation Board upon consultation with, and the advice 
of, the Director of Compensator}* Education. In addition the use of the 
portable school and classroom buildings may be made available to a 
school district by any of the means specified by Section 19579.1, as 
determined by the State Allocation Board upon consultation with, and 
the advice of, the Director of Compensatory Education. 

(Added by Stats. 1966, 1st Ex. Sess., c. 106, p. 578, § 3, urgency, eff. 
May 25, 1966.) 



1 Section 19931 et seq. 



73 

Sec. 19699.2 Application j or use of portable buildings 

The use of the portable school and classroom buildings under this 
article shall be based upon application therefor submitted by the 
governing board of the school district to the Director of Compensatory 
Education, who shall review the same, make any modifications he 
deems appropriate, and transmit the approved application to the 
State Allocation Board with his recommendations as to the action to 
be taken thereon. 

(Added by Stats. 1966, 1st Ex.Sess., c. 106, p. 578, § 3, urgency, eff. 
May 25, 1966.) 

Sec. 19699. 8 Cessation of need for portable buildings 

If at any time the State Allocation Board shall determine that the 
need of the district for particular portable buildings which are made 
available to the district pursuant to this article has ceased, the board 
may take possession of such buildings on behalf of the state, and may 
dispose of the buildings to public or private parties in such manner and 
under such terms as it deems to be in the best interests of the state. 

(Added bv Stats. 1966, 1st Ex.Sess., c. 106, p. 578, § 3, urgency, eff. 
May 25, 1966.) 

Sec. 19699.4 Administration 

Sections 19551 to 19555, inclusive, Sections 19559, 19562, and 
19565, and Sections 19620 to 19629, inclusive, of Article 1 of this chap- 
ter shall be applicable to the administration of this article, unless the 
context of this article, as determined by the board, requires otherwise. 

(Added by Stats. 1966, 1st Ex. Sess.,"c 106, p. 578, § 3, urgency, eff. 
May 25, 1966.) 

Sec. 19699.5 Disposition of money received 

All moneys received from the rental, lease, or sale of portable 
school and classroom buildings pursuant to this article shall be deposit- 
ed in the State Treasury and, on order of the State Controller, shall be 
credited to and in augmentation of the appropriation made by Section 
19699. 

All such mone3 r s shall be available without regard to fiscal years 
for repairing, renovating, installing, moving, or maintaining such 
buildings or for acquiring additional portable school and classroom 
buildings for the purposes of this article. 

(Added by Stats. 1967, c. 1701, p. 4260, § 2, urgency, eff. Sept. 2, 
1967.) 

Colorado 
Summary of Statutes 

The State Board of Education is granted authority to administer a 
program in migrant education. Expenses for the program are to be 
borne by both the school district and the state. The statute authorizes 
additional teachers, supplies, and bus transportation. Special facilities 
may be built or rented if it is not feasible to use schools already con- 
structed. (Colo. Revised Statutes, 22-23-105). Another section provides 
for the operation of summer schools entirely funded by the state under 
the authority of the State Board of Education. School districts are 
given authority to determine if attendance is compulsory. 



22-23-101. Short title. Tin- article shall bo known and may be 
cited as the "Migrant Children Educational Act". 

Source: R k RE, L. 65, p. 1019, § 1; C.R.S. 1963, § 123-20-1. 

22 23-102. Legislative declaration. In order to facilitate the 
education of migrant children who are unable to receive continuous 
education during the regular school term and to develop fully the 
capacities and potentialities of migrant children for the benefit of 
themselves and society, a program for the education of migrant 
children is hereby established. 

Source: R & RE, L. 65, p. 1019, § 1; C.R.S. 1963, § 123-29-2. 

22-23-103. Definitions. As used in this article, unless the context 
otherwise requires: 

(1) "Migrant agricultural worker" means any person engaged in 
agricultural labor in this state who is residing in a school district which 
is not his regular domicile during the performance of such agricultural 
labor. 

(2) "Migrant children" or "migrant child" means any child of 
school age who is in the custody of migrant agricultural workers, 
regardless of whether they are his parents. 

(3) "State board" means the state board of education. 
Source: R & RE, L. 65, p. 1019, § 1; C.R.S. 1963, § 123-29-3. 

22-23-104. Administration. (1) The state board may employ 
necessary personnel, pay necessary travel expenses of such personnel, 
and purchase supplies and equipment as may be needed to carry out 
the administration of the program for the education of migrant 
children as provided in this article, and may make such rules and 
regulations as it may deem necessary for the proper and efficient 
administration of said program. 

(2) Any school district which maintains a school in its district, and 
wherein there are migrant children, may make application to the state 
board to participate in the program established by this article. Any 
school district participating in said program shall administer the pro- 
gram in its district in accordance with rules and regulations of the 
state board. 

Source: R & RE, L. 65, p. 1020, § 1; C.R.S. 1963, § 123-29-4. 

22-23-105. Regular school session requirements. (1) The following 
standards shall apply during the regular terms of school and shall be 
applicable equally in every school district: 

(a) The residence of a migrant child, for purposes of education, shall 
be the school district where the migrant child is receiving shelter and 
the necessities of life, and the provisions of section 22-32-116 shall 
not apply to this section. 

(b) A migrant child shall attend school while residing in any school 
district in the state when the regular terms of school are in session, 

Education of Migrant Children 22-23-106 

unless excused in compliance with the provisions of the "School 
Attendance Law of 1963"; and the board of education of a school 
district shall enforce the attendance in a school of the district of any 
such migrant child residing in said district. 



75 

(c) The payment of additional necessary costs in administering and 
maintaining the program authorized by this section shall be paid 
jointly by the state and the participating school district. The per 
capita additional cost of educating a migrant child in a school district 
participating in said program may include the following expenses, 
under rules and regulations prescribed by the state board : 

(1) Salaries of personnel, assistants to teachers, and clerical, health, 
and custodial employees and specialized instructional services as 
needed; 

(II) Necessary additional textbooks, educational supplies, and 
equipment; 

(III) School lunch operation; 

(IV) School bus transportation; 

(V) Provision of and physical plant operation, including rent, heat, 
light, water, repairs, adjustments, and maintenance, if regular school 
facilities are not used; except that provision of and operation of the 
school plant shall be a contribution of the school district if regular 
school facilities are used. 

(2) Upon submission and approval by the state board of itemized 
statements from the boards of education of the participating school 
districts for additional moneys to cover expenses incurred by them in 
conducting said programs, such school districts shall be reimbursed for 
such additional expenses as specified in subsection (l)(c) of this 
section. Applications by participating school districts for reimburse- 
ment shall be made on forms prescribed by the state board at such 
time or times during the year as determined by the state board. 

Source: R & RE, L. 65, p. 1020, § 1; C.R.S. 1963, § 123-29-5. 
Cross references. — As to exclusion of nonresidents, see §22-32-116. As to 
"School Attendance Law of 1963", see § 22-33-101 et seq. 

22-23-106. Summer schools. (1) The program established by this 
section shall be under the general supervision of the state board. An 
educational program for migrant children may be operated within the 
period from the termination of the regular school term in the spring 
until the regular school term convenes in the fall. 

(2) Any school district wherein there are migrant children in the 
summer period may make application to the state board to participate 
in the summer school program authorized b}^ this section. From such 
applications the state board shall select school districts to operate 
summer schools for migrant children in accordance with the amount 
of funds available, the number of migrant children in the school 
districts, and other criteria specified by the state board. 

(3) Residence requirements for migrant children under the summer 
school program shall be the same as set forth in section 22-23-105. 

(4) For the purpose of the summer school program, in addition to 
"migrant child" defined in 22-23-103, a child of school age shall be 
considered a migrant child if he was not able to attend the full number 
of days prescribed by law during the previous school year as a direct 
result of being in the custody of a migrant agricultural worker. 

22-23-107 Education 

(5) The board of education of a school district has the authority to 
determine whether attendance at summer school shall be voluntary 

71-783—76- 6 



76 

or compulsory. If attendance is compulsory, migrant children shall 
attend unless excused in compliance with the '"School Attendance 
Act of 1063". 

(6) Each school district participating in the summer school program 
shall be reimbursed from state funds for actual costs incurred in the 
operation of such program, including allotments for classroom units 
and supervisory units based upon the formulas set forth in section 
22 23-107. Such school district shall also receive reimbursement, 
under rules and regulations of the state board, for the net cost of its 
school lunch operation and for school bus operations at rates fixed 
by the state board. School districts shall report all such costs on forms 
prescribed by the state board. 

Source: R & RE, L. 65. p. 1021, § 1; C.R.S. 1963, § 123-29-6. 

Cross references. — As to definition of "migrant child", see § 22-23-103. As to 
regular school session requirements, see §22-23-115. As to unit formulas for 
computing reimbursements, see § 22-23-107. As to "School Attendance Law of 
1963", see § 22-3.-101 et seq. 

22-23-107. Computation for reimbursement. (1) Classroom unit 
(CU) formula. A classroom unit (CU) shall consist of fifteen children 
in average daily attendance. The number of classroom units and 
fractions thereof shall be multiplied by the number of school days in 
the term plus one day in order to determine the number of daily class- 
room units allowable. The number of daily classroom units shall be 
multiplied by the value of state aid for a daily classroom unit in order 
to determine the total amount of classroom unit state aid. The value 
of the daily classroom unit state aid shall be determined annually by 
the state board. 

(2) Supervisory unit (SU) formula. The number of supervisory 
units in a school of one to ten or more teachers shall be 1.00 plus .05 
for each classroom unit allowable through ten, to a maximum of 1.50 
for ten teachers, plus .02 for each teacher beyond ten teachers. The 
number of supervisory units shall be multiplied by the number of days 
in the term plus two days in order to determine the number of daily 
supervisory units allowable. The number of daily supervisory units 
shall be multiplied by the value of state aid for a daily classroom unit 
in order to determine the total amount of supervisory unit state aid. 

Source: R & RE, L. 65,'p. 1022, § 1; C.R.S. 1963, § 123-29-7. 

Florida 
Summary of Statutes 

In a section dealing with the financing of public schools, it is 
specifically noted that no tuition should be charged for education of 
children whose parents are migratory agricultural workers. 

Florida Statutes Annotated, §228.16(3) : 
Sec. 228.16 

(3) Elementary and secondary schools 

(a) Public education in grades one to twelve inclusive, comprising 
elementary and secondary schools and vocational departments or 
schools, shall be made available at public expense for a minimum term 
of at least nine months each year (one hundred and eighty actual 
teaching days) to all persons who have attained the age as provided 



77 

by § 232.01. The funds for the support and maintenance of these 
schools shall be derived from state, county, district, federal or other 
lawful sources, combinations of sources, or as specifically set forth in 
this subsection. 

(b) Pupils whose parent, parents, or guardian are nonresidents of 
Florida shall be charged a tuition fee of fifty dollars payable at the 
time the pupil is enrolled. For the purposes of this subsection a non- 
resident is defined as a person who has lived in Florida less than one 
year, or who has not purchased a home which is occupied by him as 
his residence prior to the enrollment of his child or children in school, 
or who has not filed a manifestation of domicile in the county where 
the child is enrolled. No tuition shall be charged pupils whose parent, 
parents, or guardian are in the federal military service or are a civilian 
employee, the cost of whose education is provided in part or in whole 
by federal subsidy to state-supported schools, or whose parent, 
parents, or guardian are migratory agricultural workers. 

(c) Funds as set forth in paragraph (b) of this subsection shall be 
collected by the school in which the child is enrolled and remitted to 
the county board of public instruction for the county in which the 
funds are collected. The board of public instruction shall use the funds 
for the operation and maintenance of its schools. 

Idaho 

Summary of Statutes 

A special tax levy is authorized for schools in districts where migrant 
children are found. 

Idaho Code Sec. 33-803 : 

Levy for education of children of migratory farm workers — In 
any school district in which there is located any farm labor camp and 
the children of migratory farm workers housed therein attend the 
schools of the district, the board of trustees may make a levy not 
exceeding five (5) mills in addition to any other levies authorized by 
law, for the cost of educating such children. 

Whenever the aggregate of the levy herein authorized and other 
levies made for maintenance and operation of the district shall exceed 
thirty (30) mills, the levy authorized by this section must be approved 
by the school district electors at a tax levy election held for that 
purpose. Notice of such election shall be given, the election shall be 
conducted, and the returns thereof made, as provided in sections 
32-101 — 33-406; and the question shall be approved only if a majority 
of the qualified electors voting at such election vote in favor thereof. 
If the election be held in conjunction with any other school election, 
the question herein shall be submitted by separate ballot. [1963, ch. 13, 
§ 92, p. 27.] 

Illinois 
Summary of Statute 

The Illinois statute established a "compensatory education pro- 
gram" for "educationally disadvantaged children." An "educationally 
disadvantaged" child is subject to ". . . language, cultural, economic, 
and like disadvantages" which make it improbable that he will grad- 
uate from high school (§ 143-2). 



78 

///. Ann. Stat. Ch. 122 §§ 14B-1 to 14B-8: 

ARTICLE 143. EDUCATIONALLY DISADVANTAGED CHILDREN 

[NEW] 

Sec. 

14/; l. Purpose. 

14/; 2. Definitions. 

l4/> ."». Supervision of program. 

14 #-4. Advisory council. 

L4B 5. Approval of programs. 

14/*' -6, Standards. 

14/^-7. Rules and regulations. 

14/; 8. Funding. 

Article 14B was added by Act approved Aug. 20, 1965. L.1965, p. 3232. 
Sec. 14B-1. Purpose 

The purpose of this enactment is to assist and encourage local school 
districts in the development and improvement of an educational pro- 
gram that will increase the educational services of the public schools of 
Illinois for educationally disadvantaged children as defined herein. 
1961, March 18, Laws 1961, p. 31, § 14B-1, added 1965, Aug. 20, 
Laws 1965, p. 3232, § 1. 

Sec. lJfB-2. Definitions 

For purposes of this Article. 

"Educationally disadvantaged children" means children between 
the ages of 3 and 18 years who do not qualify for the special educational 
facilities provided for in Article 14 of this Act l but who, because of 
their home and community environment are subject to such language, 
cultural, economic and like 'disadvantages that it is unlikely they will 
graduate from high school unless special educational programs and 
services supplementing the regular public school program are made 
available to them. 

"Compensatory education program" means a program of instruction 
and services, supplementary to the regular public school program, for 
educationally disadvantaged children including those enrolled in 
school, those who have dropped out of school before graduation, and 
those who have not yet entered first grade. "Compensatory education 
program" includes only such programs as provide for instruction and 
services to all educationally disadvantaged children of the school 
district, including those who attend non-public schools organized not 
for profit, without regard to whether enrolled in any other program or 
course offered by the school district. 

Such a program may be offered during or outside of the regular 
school day and includes (1) individualized psychological services, (2) 
individualized instruction, (3) remedial instruction, (4) activities 
planned to broaden the cultural experience of such children, (5) work- 
ing relationships with parents and guardians of such children, (6) 
special guidance and counseling of such children and persons in the 
homes of such children, (7) cooperation with local, state and federal 
agencies providing facilities, services or activities for such children, 
(8) employment of additional teachers where it is necessary to reduce 
the size of regular classes for such children, and (9) such other pro- 
grams, meeting the standards of this Act, and the standards and 
requirements set forth in Title I of the Federal Elementary and Second- 



1 Chapter 122, section 14—1. 



79 

ary Education Act of 1965, 2 as are directed to the stimulating of the 
educational and cultural capabilities of such children or to assisting 
and encouraging high school drop outs to complete their requirements 
for graduation. 1961, March 18, Laws 1961, p. 31, § 14B-2, added 
1965, Aug. 20, Laws 1965, p. 3232, § 1. 

Sec. 14B-3. Supervision of program 

The administration of compensatory education programs shall be 
supervised by the Superintendent of Public Instruction with the advice 
of the Advisory Council on Compensatory Education. 1961, March 
18, Laws 1961, p. 31, § 14B-3, added 1965, Aug. 20, Laws 1965, p. 
3232, § 1. 

Sec. I4B-4. Advisory council 

There is created an Advisory Council on Compensatory Education 
to consist of 7 members appointed by the Superintendent of Public 
Instruction, who shall hold office for 7 years, except that the initial 
appointments shall be made for periods of from 1 to 7 years, inclusive. 
At the expiration of these initial appointments subsequent appoint- 
ments shall be for the full 7 year term. Vacancies shall be filled in like 
manner for the unexpired balance of the term only. 

The members appointed shall be citizens of the United States and 
of this State and shall be selected, as far as may be practicable, on the 
basis of their knowledge of, or experience in, problems of the education 
of educationally disadvantaged children. 

The Superintendent of Public Instruction shall seek the advice of 
the Advisory Council regarding all rules or regulations to be promul- 
gated by him. 

The Council shall organize with the chairman selected by the Coun- 
cil members and shall meet at the call of the chairman upon 10 days' 
written notice but not less than 4 times in each calendar year. The 
Council shall consider any rule or regulation proposed by the Super- 
intendent of Public Instruction within 60 days after its receipt by the 
chairman. Members of the Council shall serve without compensation 
but shall be entitled to reasonable amounts for expenses necessarily 
incurred in the performance of their duties. 

The Superintendent of Public Instruction shall designate an em- 
ployee of his office to act as executive secretary of the Council and 
shall furnish all clerical assistance necessary for the performance of 
its powers and duties. 1961, March 18, Laws 1961, p. 31, § 14B-4, 
added 1965, Aug. 20, Laws 1965, p. 3232, § 1. 

Sec. I4B-0. Approval of programs 

Pursuant to regulations of the Superintendent of Public Instruction, 
a proposed compensatory education program may be submitted to the 
Advisory Council b} r a school district, 2 or more cooperating school 
districts, a county, or 2 or more cooperating counties. Upon receipt of 
such proposal, the Advisory Council shall evaluate it, using the stand- 
ards set forth in this Act and the standards and requirements set forth 
the Title I of the Federal Elementary and Secondary Education Act 
of 1965. 2 The Council shall give its reasons for finding such a proposal 
to be unacceptable. If found to be acceptable, the Council shall 
recommend the acceptance of such proposal to the Superintendent of 



9 See 20 U.S.C.A. § 236 et seq. 



80 

Public Instruction, who may approve the same. If the Superintendent 
of Public Instruction approves the program, the- applicant is entitled 
to reimbursement for each pupil in such program for the costs of 
instruction and other services, including materials and equipment and 
other expenses incident thereto, up to a maximum amount computed 
by multiplying (l) the sum of the number of school-age children in 
the school district, two or more cooperating school districts, a county 
or two or more cooperating counties from families with annual incomes 
of less than $2,000 and from families receiving more than $2,000 
annually from the program of Aid to Families with Dependent 
Children, by (2) one-half the average annual current expenditure per 
school child in the State, all as further defined and specified in Title 1 of 
the Federal Elementary and Secondary Education Act of 1965. 1961, 
March S, Laws 1961, p. 31, § 14B-5, added 1965, Aug. 20, Laws 1965, 
p. 3232, §1. 

Sec. UB-6. Standards 

In evaluating a compensatory education program, the Advisory 
Council shall determine (1) the existence within the applicant of 
residential areas likely to produce a substantial number of culturally 
disadvantaged children; that such areas may be properly classified as 
slum or economically depressed areas, whether urban or rural, or areas 
containing a high concentration of impoverished families, non-English 
speaking families, recent immigrants, migratory farm families, children 
with a high drop out potential, or low-income racial or nationality 
minorities; and the methods or factors used in reaching such determina- 
tions; (2) the adequacy of the proposed program as relates to the 
quality of the personnel available to provide services and activities 
of high standards; (3) the adequacy of the applicant's facilities and 
resources for the successful carrying out of the proposed program ; 
(4) the efficiency of the program including a justification of expendi- 
tures and measured by anticipated results; (5) the existence of a plan 
for the collection of information providing the basis for a continuing 
evaluation of the program and (6) other standards as are set forth in 
Title I of the Federal Elementary and Secondary Education Act of 
1965. ■ 1961, March 18/ Laws 1961, p. 31, § 14B-6, added 1965, Aug. 
20, Laws 1965, p. 3232, § 1. 

Sec. 14B-7. Rules and regulations 

The Superintendent of Public Instruction shall adopt such rules and 
regulations as are necessary to enable him to carry out his duties and 
responsibilities under this Article, including rules and regulations 
which (a) prescribe the procedure by which proposals shall be sub- 
mitted for approval, (b) require the submission of such reports as will 
permit the evaluation of compensatory education programs and the 
accumulation of information which will be useful in developing sug- 
gestions, policies and requirements for improvement of such programs 
generally. 

By July 10, annually, the superintendent of the school district or 
other chief administrative officer of the applicant shall certify to the 
County Superintendent of Schools, in whose county the largest number 
of children in the program reside, upon forms prescribed by the Super- 



Bee 20 U.S.C.A. § 236 et 



81 

in tendon I of Public Instruction, the applicant's claim for reimburse- 
ment for the school year ending on June 30th next preceding. The 
County Superintendent of Schools shall check all such claims to ascer- 
tain compliance with the prescribed standards and upon his approval 
shall by July 25th certify to the Superintendent of Public Instruction 
the county report of claims for reimbursements. The Superintendent 
of Public Instruction shall check and upon approval he shall transmit 
by September 15th the State report of claims to the State Comptroller 
and prepare the vouchers showing the amounts due respective appli- 
cants for their reimbursement claims. In any year the total reimburse- 
ments paid to an applicant having a population of 500,000 or more 
inhabitants shall not exceed ){% of the appropriation made by the 
General Assembly for reimbursements to school districts and other 
applicants under Section 14B-5 of this Act, and the total amount of 
reimbursements to all other applicants shall not exceed % of such 
appropriation. If the amount appropriated for such reimbursements 
for any year is insufficient to pa}^ the claims in full, the total amount 
shall be apportioned on the basis of the claims approved. 

That on or before January 20 of the odd numbered year the Super- 
intendent of Public Instruction shall prepare for the General Assembly 
a report on the programs and the claims, including detailed accounts 
for the last two years which the district superintendents have sub- 
mitted to the Superintendent of Public Instruction. This will enable 
the General Assembly to review in detail the scope of the total pro- 
gram and the desirability of whether or not to continue such a program. 
1961, March 18, Laws 1961, p. 31, § 14B-7, added by 1965, Aug. 20, 
Laws 1965, p. 3232, § 1. Amended by P.A. 78-592, § 43, eff. Oct. 1, 
1973. 

Sec. I4B-8. Funding 

The Superintendent of Public Instruction is authorized to take any 
further steps that may be reasonably required to make this Article 
conform to the standards and requirements of any Title of the Federal 
Elementary and Secondary Education Act of 1965 1 and to qualify 
this State to receive federal funds and assistance to carry out the 
purposes of said Federal Act and of this Article. 1961, March 18, 
Laws 1961, p. 31, § 14B-8, added 1965, Aug. 20, Laws 1965, p. 3232, 

11- 

Massachusetts 
Summary oj Statute 

The Department of Public Health is to determine the availability 
of educational opportunities for migrants and encourage the develop- 
ment of educational opportunities in cooperation with state and local 
agencies. 

Massachusetts General Laws Annotated, Ch. Ill, § 128H: 

Sec. 128H. Migrant workers; educational and recreational opportuni- 
ties; locomotion; visitation rights; regulations; injunctive 
relief 
The department of public health shall, as a part of its inspection of 
a site fcr a farm labor camp, determine what educational and recre- 
ational opportunities may be available for migrant workers, and shall, 

1 See 20 U.S.C.A. § 236 et seq. 



82 

as far as is practical, encourage the development of .such opportunities 
in cooperation with local and Btate agencies. The department shall 
protect the right of tin 4 migrant worker to enter and leave the premises 

of the employer during the period of his employment, and shall include 
in its certificate of occupancy a notification to the worker that such 
right exist-, notwithstanding any contract provision to the contrary. 
A worker living in quarters apart from the living quarters of liis em- 
ployer shall have reasonable rights of visitation in his living quarters 
outside of regular working hours and the certificate of occupancv i-- 
BUed by the department shall include notification, in English and in 
Spanish, of said rights. The department shall establish, by promulga- 
tion of regulations, such minimum standards relating to the rights of 
visitation under this section as will ensure the adequate protection of 
>aid rights. The superior court shall have jurisdiction in equity upon 
petition brought by the department in the name of the commonwealth 
to restrain and enjoin violations of this, or of section one hundred and 
twenty-eight G, or regulations promulgated thereunder. 
Amended by St. 1971, c. 373. 

1**71 Amendment. St. 1971. c. 373, substituted the third and fourth sentences 
in lieu of the former third sentence, and added the fifth sentence. 

St. 1971, c. 373, was approved June 3 1971, and emergency declaration by the 
Governor was filed on same date. 

New York 
Summary of Statutes 

The Commissioner of Education can grant additional aid to school 
districts providing summer schools for migrant workers. School 
districts where migrant labor camps are located may ask for additional 
donations from districts surrounding them to help defray costs of 
educating migrant children. 

N.Y.Educ. Law §2040-a: 

Sec. 2040-a. Contributions to school districts containing migrant labor 
camps 
Notwithstanding any other provision of law, and for the purposse of 
sharing the extra expense incurred by a school district in providing 
temporary educational facilities for children living in a migrant labor 
camp located therein which supplies labor to employers residing in 
other school districts, the board of education, trustee, or trustees of 
any adjoining school district, or other school district in the same town, 
where employers residing therein are supplied with labor from such 
migrant labor camp, may contribute not more than three hundred 
dollars annually to the school district in which such migrant labor 
camp is located. The moneys so contributed shall be used only for the 
purposes hereinbefore stated. 

Added L.1955, c. 642, eff. April 22, 1955. 

Sec. 3602-a. Apportionment oj moneys to school districts 

1-12. Repealed. 

13. In addition to any state aid apportionment to which a school 
district shall be entitled under the foregoing subdivisions of this 
section, any school district which maintains an approved summer 
school for the education of children of school age temporarily located 



83 

in the state, whose parents are seasonally employed, by canners, 
growers or proeessors of foods and foodstuffs, shall receive a special 
apportionment in the amount of all approved operating expenditures 
incurred for such summer school, provided that a plan of operation 
and expenditures therefor shall have been approved in advance by the 
commissioner, and provided, further, that such special apportionment 
shall not exceed the amount of three thousand dollars for the first class 
of ten or more pupils and the amount of two thousand dollars for each 
additional class of ten or more pupils in such summer school, except 
that where there is a total of less than ten pupils in such a summer 
school, the amount of three thousand dollars shall be prorated in 
accordance with the number of such pupils. An estimated one-half of 
such special apportionment shall be payable at or before the beginning 
of the sessions of such summer school, and the remainder thereof shall 
be payable upon the approval of the final reports of the operation and 
expenditures following the close of such sessions. 

Oregon 
Summary of Statute 

Statutory provision is made for summer programs for migrant 
children. The state will bear the expense of approved programs. 

Oregon Revised Statutes, § 343.810-835: 

Migrant Children 

343.810 Definitions for OBS 843.810 to 343.835.— As used in ORS 
343.810 to 343.835, unless the context requires otherwise: 

(1) "Migrant child" means a child of compulsory school age who 
is in the custody of migrant workers whether or not they are his 
parents. 

(2) "Migrant worker" means an individual engaged in agricultural 
labor who does not regularly reside in the county in which he is 
performing the agricultural labor. 

(3) "School district" includes intermediate education districts and 
state institutions. 

[1961 c.502 § 1; 1963 c.570 § 30; 1965 c.100 § 4301 
343.815 [1961 c.502 §§ 2, 3; repealed bv 1963 c.570 § 33] 
343.820 [1961 c.502 § 4; repealed by 1963 c.570 § 33] 
343.825 [1961 c.502 § 5; repealed by 1963 c.570 § 33] 

343.830 Summer programs for migrant children. — School districts 
may establish summer programs for migrant children to supplement 
the regular school program and provide instruction in those educational 
areas in which the migrant child needs special help. The summer 
programs may be attended by migrant children who will attend 
regular school sessions in the ensuing school year. 

[1961 c.502 §§ 7, 8; 1963 c.570 § 31; 1965 c.100 § 431] 

343.835 Reimbursement; not subject to Local Budget Law. — School 
districts shall submit a proposed budget for summer programs to the 
State Board of Education for approval. Upon completion of the 
summer program the claim shall be presented to the Superintendent 
of Public Instruction for reimbursement which shall be made only for 



the actual and approved expenses incurred in the program. Expendi- 
tures made by a school district in carrying out a summer program 
shall not he 'subject to the Local Budget Law (ORS 294.305 to 
294.520). 

[1961 c.502 § 9; L963 c.570 | 31a; 1905 c.100 § 432] 

Texas 
Summary <\f Statute 

Texas provides for additional aid for a child who is "educationally 
handicapped. " He is defined as educationally handicapped ". . . if 
lie cannot speak, read, and comprehend the English language or if 
he is from a family whose income, according to standards promulgated 
bv the State Board of Education, is at or below a subsistence level." 
6.04 (B)) 

Texas Educ. Code, §§ 16.01 to 16.22: 
Sec. 16.01. Purpose 

The purpose of the Foundation School Program is to guarantee to 
each child of school age in Texas the availability of a Minimum 
Foundation School Program for nine full months of the year and to 
establish the eligibility requirements for the public school districts 
of Texas as in connection therewith. 

Sec. 16.02. Disposition of Money Appropriated 

Appropriations enacted by the legislature for the promotion of 
the educational opportunities afforded by this state under this Foun- 
dation School Program shall be paid in accordance with the require- 
ments and in the manner provided in this chapter. 

Sec. 16.03. Status oj Private and Parochial Schools 

No provision of this chapter shall be interpreted inimically to the 
status previously enjoyed by the private or parochial schools operating 
in this state. 

CHAPTER >6. FOUNDATION SCHOOL PROGRAM 

Sec. 16. 04. Program Eligibility 

(a) Beginning with the scholastic year 1973-1974, any child in this 
state over 5 and under 21 years of age at the beginning of the scholastic 
year, who has not yet graduated from high school shall be entitled to 
the benefits of the Basic Foundation School Program for the ensuing 
school year. Such eligible child shall be admitted tuition-free to the 
public school of the district in which he, his parents or legal guardian 
resides. 

(b) Notwithstanding the provisions of Subsection (a) of this section, 
the program of preschool education shall be extended first to "educa- 
tionally handicapped" children as preparation for the regular school 

am in which such children will participate in subsequent years. 
For purposes of this section, a child is "educationally handicapped" if 
he cannot speak, read, and comprehend the English language or if he 
i; from a family whose income, according to standards promulgated 
bv the Si ate Board of Education, is at or below a subsistence level. 
The program shall include an appreciation for the cultural and 



85 

familiar traditions of the child's parents and also an awareness and 
appreciation of the broader world in which the child must live; assist 
the child in developing appropriate language skills; prepare the child 
to participate in the world of his peers and the broader cultural 
stream into which he will progressively move as he matures; begin the 
development of the mental and physical skills and cooperative at- 
titudes needed for adequate performance in a school setting; and 
begin the development of his unique character and personality traits. 

(c) The benefits of this program for preschool education may be 
extended on a first priority basis to "educationally handicapped" 
children on a full day program school year basis. 

(d) Provided, however, for the school years beginning 1973-74, and 
through 1976-77 inclusive, a public school kindergarten program shall 
be offered on a one-half day basis for all other eligible children who 
become five (5) years of age on or before September 1 of the scholastic 
year. Such kindergarten program (s) shall be operated on a one-half 
day basis for Foundation School Program unit eligibility allotment 
purposes beginning the school year 1973-74. Provided further that 
any school district ma}' choose to operate a full day program for the 
first half of the school year for one-half, approximately, of its kinder- 
garten children and operate a full day program the latter half of such 
year for the remainder of its kindergarten children. 

(e) Beginning with the school year 1977-1978 and thereafter, school 
districts may choose to operate kindergartens on a full day basis for 
Foundation School Program unit allotment eligibility purposes. 
Provided further that any school district may choose to operate a full 
day program for all its kindergarten children for one semester only. 

(f) A scholastic is a student in average daily attendance within the 
age limits prescribed in this section. 

Amended bv Acts 1973, 63rd Leg., p. 1633, ch. 592, § 1, eff. June 15, 
1973. 

Sec. 16.07. Classification 

To effectuate the Foundation School Program here guaranteed, 
school districts are authorized to utilize the following professional 
positions, or units, and services: 

(1) professional positions; 

(A) classroom teachers; 

(B) vocational teachers; 

(C) special service teachers, among which shall be included 
librarians, school nurses, school physicians, visiting teachers. 
and itinerant teachers; 

(D) teachers of exceptional children; 

(E) supervisors and/or counselors ; 

(F) principals, part-time; 

(G) principals, full-time; 
(R) superintendents; and 

(2) services; 

(A) current operating cost other than professional salaries 
and transportation; and 

(B) transportation. 



SG 

Sec. 16.0S. Duties of Public School Principals 

Public school principals, who shall hold valid administrative cer- 
tificates, shall be responsible for: 

(a) assuming administrative responsibility and instructional lead- 
ership, under the supervision of the superintendent, for discipline, 
and ftie planning, operation, supervision, and evaluation of the educa- 
tional program of the attendance area in which he is assigned; 

(b) submitting recommendations to the superintendent concerning: 
assignment, evaluation, promotion, and dismissal of all personnel 
assigned to the attendance center; and 

(c) performing any other duties assigned by the superintendent 
pursuant to school board policy. 

(d) Nothing herein shall be construed as a limitation on the power-. 
responsibilities and obligations of the school board as now prescribed 
bv law. 

" Added by Acts 1971, 62nd Leg., p. 81,ch.44, § 1, eff. April 1, 1971. 

Sec. 16.11. Professional Units — Allotment — General Rules 

(a) The total number of professional units allotted to each district 
shall be the sum of the professional units, hereinafter prescribed, for 
classroom teachers, vocational teachers, special service teachers, 
teachers of exceptional children, supervisors and/or counselors, full- 
time and/or part-time principals, and superintendents. 

(b) Such professional unit allotments shall be contingent upon the 
employment of qualified personnel and upon the payment of not less 
than the minimum salary as prescribed in this chapter. 

(c) Xo district will be required to employ professional personnel 
for the full number of professional units for which it is eligible, but 
where a fewer number are employed, grants shall be based upon the 
number actually employed during the current school year; and 

(d) All personnel allotted under the Foundation School Program 
shall be allocated to school districts on the basis of current average 
daily attendance without regard to race, creed, or color of students. 

(e) In addition to the method of allocating professional units under 
the Minimum Foundation Program on the basis of current average 
daily attendance, any school district may choose to utilize the preced- 
ing year's average daily attendance to establish the basis for allocation 
of professional units in compliance w T ith the formulas in this chapter. 

(f) Where a school district is consolidated or contracted with 
another district, or annexed in whole or part to another district or 
districts, or where the number of grades taught has been reduced, or 
where the scholastics are transferred to another district, or where 
there is an annual fluctuation in the attendance in the district, or 
where for any reason there is a marked increase or decrease in the 
attendance of any school district, adjustments in professional allot- 
ments shall be made by the state commissioner of education subject to 
the applicable rules and regulations of the State Board of Education. 

(g) Attendance in grades not classified to be taught by the county 
school board shall not be included in determining professional unit 
eligibility. 

(h) Attendance of non-resident scholastics whose grades are taught 
in their home districts shall not count for teacher eligibility, unless 
the transfer of such scholastics has been approved by the county 
school board and the state commissioner of education. 



87 

(i) Any school district which is not dormant as defined in Section 
16.80 of this code may, with approval of the boards of trustees of the 
districts concerned, the county school superintendent, and the state 
commissioner of education, contract for a period of one year to trans- 
fer its entire scholastic enrollment, both white and colored, to a 
contiguous district. The scholastic census rolls of both districts shall be 
combined, the per capita apportionment paid directly to the receiving 
district, and the combined average daily attendance used in determin- 
ing the number of professional units for which the receiving district 
shall be eligible. 

(j) An}' school district containing 100 square miles or more and 
having fewer than one pupil per square mile, and which operates and 
maintains a four-year accredited high school, may be allotted by the 
state commissioner of education the number of professional units 
determinable as earned by the application of a sparse-area formula 
approved by the State Board of Education. The state commissioner 
of education shall consider in making such allotments the density and 
distribution of population in the district, road conditions, and the 
proximity of the school to another four-year accredited high school. 

(k) In determining the number of professional units allotted to each 
school district in the foundation school program, the attendance of 
orphan, dependents, or neglected children who are wards of the state 
shall be considered eligible average daily attendance in the receiving 
school district or districts to which these children are transferred after 
approval by the county school board and the state commissioner of 
education. 

Subsecs. (d), (e) amended by Acts 1971, 62nd Leg., p. 1510, ch. 405, 
§34, eff. May 26, 1971. 

Sec. 16.12. Professional Units — Allotment Formulas 

Subject to the general rules set out in Section 16.11 of this code, 
the number of professional units for each district shall be determined 
as prescribed in the succeeding sections of this subchapter. 

Sec. 16.18. Classroom Teacher Units 

Classroom teacher professional units for each school district shall 
be determined, and teachers allotted in the following manner: 

(1) to school districts having fewer than 15 pupils in average 
daily attendance, no classroom teacher unit, except that in cases 
of extreme hardship, such districts may be allotted on a year-to- 
year basis one classroom teacher unit if so recommended b}' the 
county school board and approved by the state commissioner of 
education; 

(2) to school districts having from 15 to 25 pupils, inclusive, 
in average daily attendance, one classroom teacher unit; 

(3) to school districts having from 26 to 109 pupils, inclusive, 
in average daily attendance, two classroom teacher units for the 
first 26 pupils and one classroom teacher unit for each additional 
21 pupils (no credit to be given for fractions); 

(4) to school districts having from 110 to 156 pupils, inclusive, 
in average daily attendance, six classroom teacher units; 

(5) to school districts having from 157 to 444 pupils, inclusive, 
in average daily attendance, one classroom teacher unit for each 
24 pupils, or fractional part thereof in excess of one-half; 



to school districts having from 44") pupils to 487 pupils, 

inclusive, in average daily attendance. 19 classroom teacher units; 
and 

(7) to school districts having from 488 or more pupils in average 

daily attendance, one classroom teacher unit for each 25 pupils, 

or fractional part thereof in excess of one-half. 
Amended hv Acts 1971, 62nd Leo;., p. 1506, ch. 405, § 27, eff. May 20, 
1971. 

. /'-'./.•. Vocational Teacher Units 

(a) Vocational teacher professional units, vocational supervisor 
professional units, and vocational counselor professional units for each 
school district shall he determined and allotted as prescribed by this 
section. 

(b) Bach school district having a four-year accredited high school 
shall be eligible, under rules and regulations of the State Board of 
Education, for two vocational teacher units to teach one or more voca- 
tional programs provided there is a need thereof, and provided the 
programs shall have been approved by the commissioner of education. 

( c) Additional vocational teacher units for four-year accredited high 
schools may be allotted according to needs determined by a survey of 
the community and approved by the commissioner of education. 

(d) A district having an accredited high school which qualifies, ac- 
cording to the rules and regulations of the State Board of Education, 
for less than one vocational teacher unit, may be allotted by the com- 
missioner of education a fractional part of a vocational teacher pro- 
i- ssional unit. A fractional part of a vocational teacher professional 
unit shall entitle a district to employ a part-time vocational teacher 
or assign a classroom teacher to serve as part-time vocational teacher. 

(e) Each school district having a four-year accredited high school 
shall be eligible, under rules and regulations as approved by the State 
Board of Education, for such specialized vocational supervisor units 
and vocational counselor units as there is a need thereof, and in the 
number determined by. application of formulas adopted by the State 
Board of Education and subject to approval by the commissioner of 
education. 

(f) Vocational professional unit allotments, except classroom teachers 
who also served as part-time vocational teachers, shall be made in 
addition to other professional unit allotments. Vocational teacher 
units shall be included in determining the total current operating cost 
for each district. In addition to this allowance, there shall be an 
additional allocation of $400 for each vocational teacher unit. 

(g) School districts which, because of limited enrollments, tax 
resources, or facilities are unable to offer appropriate vocational 
education in all occupational areas needed may enter into contracts 
with post-secondary public institutions, as defined by the State Board 
of Education, to provide for such appropriate vocational education 
instruction provided the instructors and instructional materials and 
equipment utilized meet secondary school program requirements. 

(h) Such contracts shall be executed pursuant to rules and regula- 
tions of the State Board for Vocational Education (State Board of 
E lucation) and the cost to the State shall not exceed the cost that 



89 

would result if said programs were operated by the respective school 
districts entering into such contract-. 

Amended by Acts 1971, 62nd Leg., p. 1511, ch. 405, § 35, eff. May 20, 
1971. 

Sec. 16.15. Special Service Teacher Units 

Note: Sections 16.15 and 16.17 were removed in 1975. Chapter 16, formerly 
consisting of Sections 16.01 to 16.98, was amended by Acts 1975, 64th Leg., 
Page 877, Ch. 334, Section 1, to consist of Sections 16.001 to 16.304. In the 
amending process, 16.15 and 16.17 were removed. 

(a) Special service teacher professional units for each school dis- 
trict, which may be separate for whites and Negroes, shall be based 
upon the number of approved classroom teacher units, and shall be 
determined and teachers allotted, in addition to other professional 
unit allotments, in the manner prescribed by this section. 

(b) Districts which have 20 or more approved classroom teacher 
units shall be eligible for one special service teacher unit for each 20 
classroom teacher units, no credit to be given for fractions. 

(c) Districts not eligible for a full special service teacher unit may 
enter by vote of their respective boards of trustees, into one coopera- 
tive agreement to provide special service teachers, as prescribed in 
subsection (b) of this section, to be recommended and supervised by 
the county school superintendent, and employed by the county school 
board. The state commissioner of education shall, upon the county 
superintendent's certification of such agreement, allot to each district 
party thereto a fractional part of a special service teacher unit, said 
fraction to be not greater than the number of approved classroom 
teacher units for that district divided by 20. 

(d) School districts may choose from the five types of special 
service teacher units listed in Section 16.07(1) (C) of this code the 
number of each classification that it desires, to the extent of total 
eligibility for such units, but the allocation of special service teacher 
units shall not preclude the assignment of classroom teachers to special 
service duties. The state commissioner of education shall establish 
qualifications for special service teachers which shall be subject to 
regulations made by the State Board of Education. 

Sec. 16.16. Comprehensive Special Education Program for Exceptional 
Children 

(a) It is the intention of this section to provide for a comprehensive 
special education program for exceptional children in Texas. 

(b) As used in this section : 

(1) "Exceptional children" means children between the ages of 3 
and 21, inclusive, with educational handicaps (physical, retarded, 
emotionally disturbed, and/or children with language and/or 
learning disabilities) as hereinafter more specifically defined; 
autistic children; and children leaving and not attending public 
school for a time because of pregnancy — which disabilities render 
regular services and classes of the public schools inconsistent with 
their educational needs. 

(2) "Physically handicapped children" means children of educa- 
ble mind whose body functions or members are so impaired from 
any cause that they cannot be adequately or safely educated in the 



90 

regular classes of the public Bchools without the provision of 
la) 3ervi 

"Mentally retarded children" means children whose mental 
capacity is sucn that they cannot be adequately educated in the 
regular classes of the public schools without the provision of 
special servii 

(4) "Emotionally disturbed children" means children whose 
emotional condition is medically and or psychologically deter- 
mined to he such that they cannot be adequately and safely 
educated in the regular classes of the public schools without the 
provision of special services. 

(5) "Language and/or learning disabled children" means chil- 
dren who are so deficient in the acquisition of language and/or 
learning skills including, but not limited to, the ability to reason, 
think, speak, read, write, spell, or to make mathematical calcula- 
tions, as identified by educational and/or psychological and/or 
medical diagnosis that they must be provided special services for 
educational progress. The term "language and/or learning dis- 
abled children" shall also apply to children diagnosed as having 
specific development dyslexia. 

(6) "Special services" required for the instruction of or program 
for exceptional children means special teaching in the public 
school curriculum within and/or without the regular classroom; 
corrective teaching, such as lipreading, speech correction, sight 
conservation, corrective health habits; transportation, special 
seats, books, instructional media and supplies; professional 
counseling with students and parents; supervision of professional 
services and pupil evaluation services; established teaching 
techniques for children with language and/or learning disabilities. 

(c) Under rules, regulations and/or formulae adopted by the State 
Board of Education subject to the provisions of this section, excep- 
tional children teacher units, in addition to other professional and 
paraprofessional unit allotments herein authorized, shall be allotted to 
any eligible school district in the number determinable thereunder. 
Exceptional children teacher units for pupils who are both severely 
physically handicapped and mentally retarded shall be allocated on a 
separate formula from other type units. 

(d) Professional personnel for the operation and maintenance of a 
program of special education shall be: 

exceptional children teachers; 
2) -pecial education supervisors; 
special education counselors; 

(4) special service teachers, such as itinerant teachers of the 
homebound and visiting teachers, whose duties may or may not be 
performed in whole or in part on the campus of any school; and 

(5) psychologists and other pupil evaluation specialists. The 
minimum -alary for such specialist to be used in computing salary 
allotment for purposes of this section shall be established by the 
commissioner of education. 

(e) Paraprofessional personnel for the operation and maintenance 
of a program of special education shall consist of persons engaged as 
teacher aides, who may or may not hold a teacher certificate. The 
qualifications and minimum salary levels of paraprofessional personnel 



91 

for salary allotment purposes of this section shall be established by the 
commissioner of education. 

(f) Quantitative bases for the allotment of all special education unit 
personnel under Subsection (c) of this section shall be established by 
the commissioner of education under rules adopted by the State Board 
of Education. Any school district, at its expense, may employ any 
special education personnel in excess of its state allotment, may 
supplement the minimum salary allotted by the state for any special 
education personnel, and any district is authorized at local expense to 
pay for all or part of further or continuing training or education of its 
special education personnel. 

(g) Special education unit personnel may be employed and/or 
utilized on a full-time, part-time, or upon a consultative basis, or may 
be allotted by the commissioner of education, pursuant to cooperative 
districts' agreement, jointly to serve two or more school districts. Two 
or more school districts may operate jointly their special education 
program and any school district may contract where feasible with any 
other school district for all or any part of the program of special educa- 
tion for the children of either district, under rules and regulations 
established by the commissioner of education. 

(h) To each school district operating an approved special education 
program there shall also be allotted a special service allowance in an 
amount to be determined by the commissioner of education for pupil 
evaluation, special seats, books, instructional media and other supplies 
required for quality instruction. 

(i) To each school district operating an approved special education 
program, there shall be allotted also a transportation allowance for 
transporting of children in special education programs who are unable 
to attend the special education program for exceptional children in 
public school unless such special transportation is provided. The 
annual transportation allotment shall be $150 per exceptional child 
pupil receiving such transportation. Such allocated transportation 
funds shall be used only for transportation purposes for children who 
are enrolled in a program of special education or who are eligible for 
such enrollment. 

(j) The minimum monthly base pay and increments for teaching 
experience for an exceptional children teacher or a special service 
teacher conducting a 9, 10, 11, or 12 months special education pro- 
gram approved by the commissioner of education shall be the same 
as that of a classroom teacher as provided in the Foundation Program 
Act; provided that special education teachers shall have qualifications 
approved by the commissioner of education. The annual salary of 
special education teachers shall be the monthly base salary, plus 
increments, multiplied by 9, 10, 11, or 12, as applicable. 

(k) The minimum monthly base pay and increments for teaching 
experience for special education counselors and supervisors engaged in 
[ a 9, 10, 11, or 12 months special education program approved by the 
commissioner of education shall be the same as that of a counselor 
and/or supervisor as provided in the Foundation Program Act; 
provided that such counselors and supervisors shall have qualifica- 
tions approved by the commissioner of education. The annual salary 
of special education counselors and supervisors shall be the monthly 



92 

my, plus increments, multiplied by 9, 10, 11, or 12, as 
licable. 

Hie salary costs of special education teacher unite, other profes- 
sional and paraprofessional units authorized in Subsections 
and (e) of this section, operating costs as provided in Subsection (h), 
and transportation c< provided in Subsection (i). compute^ 

other costs of the Foundation School Program Act for local fund 
imenl purposes thereof, -hall he paid from the Foundation 
ool Fund. Provided further, thai any school district may 
supplement any part of the comprehensive special education program 
it operates or participates in with fund- or sources available to it 
from local source, public and or private. 

'in' Under rules and regulations of the State Board of Education, 
eligible school districts may contract with nonprofit community 
mental health and or mental retardation center-, public or private, 
or aii nonprofit organization, institution, or agency approved 

by the State Board of Education, for the provision of service- to 
exceptional children as defined by this section, who reside with their 
parents or guardians. 

(n) Special education program unit- -hall be included in determining 
the total current operating cost for each district. 

(o) Tin 1 Foundation School Fund Budget Committee -hall compute 
all amount- required for comprehensive special education program 
purposes to be included in the amounts to be placed in the Foundation 
School Fund for the ensuing biennium at the same time that certifica- 
tion- are made for other Foundation School Fund purpo 

Amended by Acts 1973, 63rd Leg., p. 681, ch. 287, § 1, eff. June 11, 
1973. 

Sec. 16.17. Supervisor and or Counselor Units 

Note: Section- 16.15 and 1G.17 were removed in 1975. Chapter 16, formerly 
jting <'f Sections 10.01 to 16.98, was amended by Acts 1975, 64th Leg., 
Page 877, Ch. 334, Section 1, to consist of Sections 16.001 to 16.304. In the 
amending process, 16.15 and 16.17 were removed. 

(a) The state commissioner of eduction shall establish, subject to 
regulations by the State Board of Education, qualifications for super- 
visors and counselors. Supervisor and or counselor professional units 
for each school district, which may be separate for whites and Negroes, 
shall be determined and supervisor and/or counselor units allotted, in 
addition to other professional unit allotments, as prescribed by this 
section. 

(b) The basic allotment shall be one supervisor or counselor unit for 
the first 40 classroom teacher units and one supervisor or counselor 
unit for each additional 50 classroom teacher units, or major fractional 
part thereof. If a district is eligible for one such unit, the district may 
employ for such unit either a supervisor or a counselor, but not both. 
If a district is eligible for two or more such units, the district may em- 
ploy supervisors only, counselors only, or a combination of the two to 
the extent of total eligibility. 

(c) Districts having fewer than 40 classroom teacher units may en- 
ter, by vote of their respective governing boards, into one cooperative 
agreement to provide supervisors and or counselors to be recom- 
mended and supervised by the county superintendent and employed 
by the county school board. Under such agreements the combined 



93 

classroom teacher units of the cooperating districts shall be used in 
calculating eligibility for supervisor and/or counselor units, but if 
the county employs a supervisor from the county administrative 
funds, 40 classroom teacher units shall be deducted from the com- 
bined total. The state commissioner of education shall, upon the 
county superintendent's certification of such agreement, allot to each 
district party to such agreement a fractional part of a supervisor or 
counselor unit, said fraction to be not greater than the number of ap- 
proved classroom teacher units for that district divided by 40. 

Sec. 16.18. Principal Units 

(a) Principal units shall be of two types: full-time principal units 
and part-time principal units. A part-time principal unit shall entitle 
a district to assign a classroom teacher to serve as a part-time princi- 
pal and to receive an additional salary allowance as hereinafter pro- 
vided in this chapter. 

(b) The principal unit allotment as hereinafter provided shall be 
based upon the number of approved classroom teacher units and shall 
be made in addition to other professional unit allotments. Principal 
units for each school district, which may be separate for whites and 
Negroes, shall be determined and allotted as prescribed in this section. 

(c) No district having fewer than three approved classroom 
teacher units shall be eligible for a principal allotment. 

(d) To districts having from three to 19 classroom teacher units 
and not having an accredited four-year high school, one part-time 
principal unit shall be allotted. 

(e) To districts having from nine to 19 classroom teacher units 
and having a four-year accredited high school, two part-time principal 
units shall be allotted. Additional part-time principal units shall be 
allotted, if necessary, to the extent that at least one part-time prin- 
cipal will be available for each campus on which a school with more 
than two classroom teachers is operated in the district. 

(f) To districts having 20 or more approved classroom teacher 
units there shall be allotted one full-time principal unit for the first 
20 classroom teacher units and one full-time principal unit for each 
additional 30 classroom teacher units, but fractions shall not be 
considered in computing principal allotments. 

(g) Part-time principal units, in addition to full-time principal 
unit allowances provided above, shall be allowed as follows: one from 
the first 20 classroom teachers, and one from each additional 30 
classroom teachers. Service as part-time principal shall be in addi- 
tion to part-time classroom duties. Those so designated shall receive 
an additional allowance as hereinafter provided in this chapter. Ad- 
ditional part-time principal units shall be allotted, if necessary, to the 
extent that at least one full-time or part-time principal will be avail- 
able for each campus on which a school with more than two classroom 
teachers is operated in the district. 

Sec. 16.19. Superintendent ( 

Superintendents shall serve the entire school district. Allotments 
for superintendent units ae^provided for herein shall be made in 
addition to other professional unit allotments. Superintendent 
units for each district shall be determined and allotted in the follow- 
ing manner: A district having one or more four-year accredited high 



04 

schools shall be eligible for one superintendent allotment. A district 
which does not have B four-year accredited high school shall not be 
eligible for a superintendent allotment. 

See. 16 JO. Repealed by Acts 1971, 62nd Leg., p. 1533, ch. 405, Sec. 54 
(1), 6$. Maij 26, 1971 

Sec. 16.21. Allocation of Units in Certain Districts 

Notwithstanding the provisions of Sections 16.11 and 16.13 of this 
code, the number of professional units allocated to school districts 
which operate and have operated for at least three consecutive years 
a four-year accredited high school and have an average daily attend- 
ance range between 84 and 156 pupils for the immediate preceding 
year shall be based on the following formula: a school district having 
84 to 106 pupils, inclusive, in average daily attendance shall be al- 
lotted six classroom teacher units and a superintendent unit. A school 
district having 107 to 156 pupils, inclusive, shall be allotted seven 
classroom teacher units and a superintendent unit. 
Amended bv Acts 1971, 62nd Leg., p. 1512, ch. 405, § 36, eff. May 26, 
1971. 

Sec. 16.22. Administration — Office Assignments 

For utilization of classroom teacher unit allotment purposes, the 
Central Education Agency shall regard and recognize as classroom 
teacher(s) within the definition of "teacher" as described in the Texas 
State Public Education Compensation Plan, teacher certificated per- 
sonnel employed or assigned by any school district to teach, as class- 
room teachers, and/or to perform administration-office assignments 
or tasks. 

Added bv Acts 1971, 62nd Leg., p. 3362, ch. 1024, art, 2, § 44, eff. 
Sept, 1, 1971. 



95 



Table of Contents 



is Page 

Introduction 1 

Background 2 

The Migrant Farmworker 4 

The Number of Migrants 6 

Problems 

Mechanization 11 

Housing 12 

Wages 14 

Child Labor 17 

Residency Requirements 20 

Social Security 21 

Collective Bargaining 22 

Unemployment Insurance 25 

Workmen's Compensation 28 

Health 33 

Participation in Food Programs 35 



Programs 



Health 37 

Welfare 39 

Education 40 

Migrant Head Start Programs 41 

Transfer of OEO Programs 43 

Crew Leader Registration 45 

Annual Worker Plan 49 

Occupational Safety and Health Act 50 

Transportation 51 

Child Labor Laws 51 

Manpower Programs 5? 

Food Stamps 53 






Til ,S. 

THE PK' 

. rant and ong the 

m< •- ed groups in the American labor force. I 1 

hard toil and valua: bution to our nation's economy, tl 

j by low wages, pi 
• editions. The fa: 
ulari ers have also suffered from the 

mptoms i mg undereducated, ill- 

housed, and lacking even the most rudimentary health 
and sanitary facilities. The tragedy is further compounded when 
it is realized that the victims of this poverty are in fact the working 
poor, those who offer an honest day's labor, but are denied the 
full benefits such work should provide, which are so desperately 
needed to provide the most basic necessities of life. \_l 

This statement pretty much sums up the situation of the migrant and seasonal 
vorker as it exists today. About 2 5 years earlier, the President's Com- 
mission on .Migratory Labor gave this account of the migrant situation: 

• atory farm laborers move restlessly over the face of the 
land, but they neither belong to tire land nor does the land belong 
to them. They pass through community after community, but they 
neither claim the community as home nor does the community 
claim them. Under the law, the domestic migrants are citizens 
of the United States but they are scarcely more a part of the land 
of their birth than the alien migrants working beside them. 

The migratory workers engage in a common occupation, but 
their cohesion is scarcely greater than that of pebbles on the 
seashore. Each harvest collects and regroups them. . . . The 
public acknowledges the existence of migrants, yet declines to 
accept them as full members of the community. As crops ripen, 
farmers anxiously await their coming; as the harvest closes, the 
community, with equal anxiety, awaits their going. 2/ 

1 Senate Report No. 9.3-1295 on the Farm Labor Contractor Registration Ai t 
Amendments < wmmittee on Labor and Public Welfare, p. 1. 

igratory Labor in American Agriculture. Report of the President's Com- 
mission on Migratory Labor, 1951, p. 3. 



97 



CRS-2 

Background 

No large group of migrants has remained permanently migratory. This 
probably is the best evidence that people are not migrants by choice. 

Migrant agricultural labor has been used extensively in this country since 

the latter part of the nineteenth century. Typically the migrant labor force has 

been composed of large ethnic blocks. During the early part of this century, 

Chinese, Japanese, and Filipinos constituted the majority of those who worked 

the West Coast fields, while their East Coast counterparts included many Irish, 

3/ 
Italian, and Scandinavian workers. 

However, none of these groups remained migrants. In the thirties the 

largest element in our migratory labor group was the "Okie, " the collective 

name applied to displaced people of the farms and service trades of the "dust 

bowl" area including Oklahoma, Arkansas, Missouri, and Texas. Many of 

these people were migratory workers through the thirties, but they resettled 

whenever the opportunity appeared. No longer does this group remain the 

4/ 
principal element in the Nation's migratory work force. Today, the bulk of the 

migrant workforce is made up of MexicanAmericans, Puerto Ricans, West Indians, 

5/ 
and native born black Americans. 



3/ Op. cit., Senate~Report No. 93-1295. 

Op. cit., 
5/ 3p. Ht., Senate Report No. 93-1295. 



47 Op. cit., President's Commission, p. 2, 



98 



C'RS-3 



GO 



GO 
GO 

GO 



CD 



CS 




99 



CRS-4 

The Migrant Farmworker 

From the standpoint of both working and living conditions, the most disad- 
vantaged farmworkers are those who migrate from area to area, following the 
crops. The 1971 Manpower Report of the President gave the following account 
of migrant farmworkers: 

The migratory workers and their families may be away from 
their home base for several months out of the year. Their 
itinerary may span thousands of miles, many different employers, 
and and a variety of crops. Jobs are intermittent, and slack 
periods with little or no earnings are common. . . 

Migratory farmworkers travel out of economic necessity, not 
because of preference for nomadic life. Seasonal farm activities 
in the southern parts of Florida, Texas, and California, which are 
the home-base areas for the largest groups of migrants, do not 
provide sufficient employment and earnings. Workers depending 
on seasonal farm jobs must move with the crops in the hope of 
lengthening their periods of work and increasing their annual 
incomes. Migrants begin their annual trek northward in the early 
Spring, following a cycle of activities in a number of crop areas. 
In California, they typically cultivate cotton and vegetables and 
then move into the harvest of a variety of Spring vegetable and 
fruit crops. In other Western and North Central States, they find 
Spring jobs in sugar beet cultivation and in the strawberry harvest. 
During the Spring, migratory workers also are found in fruit and 
vegetable harvest activities in the Atlantic Coast States. Summer 
and Fall are the most active seasons; migratory workers are relied 
on to supplement local labor in harvesting tomatoes, grapes, peaches, 
pears, melons, cherries, blueberries, cucumbers, apples, tobacco, 
and other crops. 

The peak employment of migratory workers in areas reporting to 
the Department of Labor usually occurs in August. . . Nearly three - 
fourths of these were interstate migrants. Virtually every State uses 
migratory workers at some time during the year, with the largest num- 
bers in California, Michigan, Texas, and Florida. Other States with 
significant numbers of these workers were Ohio, Oregon, New York, 
Washington, and New Jersey. 

"Migratory workers" basic problem is, of course, irregularity of 
work, despite efforts by the public employment service to coordinate 
and regularize their employment; Harvest timetables may be upset 



11)11 



CHS- 



by the vagaries of weather and crop failures. The number of 
workers needed may be overestimated, or the unexpected arrival 
of crews may upset prior plans and create labor surpluses in 
some areas while others are short of workers. And workers re- 
ceive no pay for time spent in travel or waiting for work. In effect, 
some of the risks associated with the weather and other circumstances 
are shifted from employers to hired workers-to a much greater extent 
than in other industries where the labor supply is less flexible and 
workers are protected by collective bargaining agreements. Further- 
more, housing and sanitary conditions are often unsatisfactory in 
the migrant workers' camps, and adequate health services and child 
care are generally lacking. 

The majority of migratory farmworkers come from seriously 
disadvantaged groups. Many are Mexican Americans and Negroes, 
whose employment problems are compounded by discrimination. 

The average level of education is low. Since families are 
constantly on the move, the schooling of children is often inter- 
rupted. Large numbers of migrant children who are in school are 
below the grade level normal for their age. Many drop out of school 
at an early age to help supplement family earnings and thus further 
handicap themselves in future efforts to enter more stable, better 
paid fields of work. 

The migratory farmworker performs an indispensable role in meeting the 
seasonal work demands of planting, cultivating, harvesting and processing our 
Nation's agricultural products. Working in a succession of short-term jobs, 
the migrant and his family must move from one area to another, making them- 
selves available to meet peak worker shortages for laborintensive fruit and 
vegetable crops throughout the country. Highly perishable crops, such as 
blueberries, asparagus, or strawberries, must be harvested, 



101 



CSR-6 

and harvested within a relatively limited amount of time. Delay spells serious 

economic consequences not only for the farmer and his employees, but for the 

entire agricultural and rural economy and the Nation's food supply. A senior 

staff economist at the Department of Labor estimated that without migratory 

labor the United States could lose over $500 million in agricultural production 

7/ 
during the Summer of 1974. 

The Number of Migrants 

Determining the precise number of migrant workers and the total size of 
their families, or even a reasonably close estimate, has been baffling, con- 
fusing, and controversial. The U.S. Department of Agriculture, Department 
of Labor, Office of Economic Opportunity, as well as the Department of Health, 
Education and Welfare all have arrived at different estimates -- primarily the 
result of inadequate statistical data gathering compounded by different definitions 
of the term "migrant. " 

The nature of this dilemma can be summed up in the following quote from 
a staff memorandum that was issued to the Chairman of the House Subcommittee 
on Agricultural Labor and printed in the hearings on H. R. 5010 and related bills, 
92nd Congress, 1st Session (Seminar on Farm Labor Problems). 



"57 U.S. Senate. The Migratory Farm Labor Problem in the United States. 
T969 Report of the Committee on Labor and Public Welfare made by its Sub- 
committee on Migratory Labor, p. 102. 

7/ MLAP Monthly Report, Vol. 3, No. 6, June 1974, p. 5, published by the 
"Migrant Legal Action Program, Inc. 



L02 



CRS-7 



At the same time, it is not possible to arrive at a simple 
multiplier factor, or to simply accept instead the figures of 
other agencies. The different figures tend to represent a 
use of the word "migrant, " less to reflect the worker's travel 
status than to indicate his socio-economic situation. 

In the case of some of the agencies involved, a more precise 
linkage of the word "migrant" to actual movement would tend to 
render their programs nugatory. How, we may ask, would a 
migrant education program be of assistance to children who 
were only eligible for it while they were actually on the ^oad 
with their parents? The same problem would arise if Man- 
power Administration "settling out" programs were to lose their 
authority the moment a season opened and the previously migra- 
tory worker didn't hit the road. 

Among the public, too, the word "migrant" has become 
associated with a whole complex of economic and social depri- 
vations, and tends to mean a group of people whose condition is 
exemplified by the migrant -- whether they have settled out into 
stationary misery, or continue to take it along the Interstate 
with them. 

A further legitimate question to which none of the agency 
figures reported here address themselves is just how deep are 
the roots put down by the settled-out farm worker. Will he 
stay out of the stream? Will he stay out of agriculture? Or will 
the continuing unemployment crisis or changes in the availability 
of social and economic benefits mean that sooner or later he will 
start moving again? Is the fact of migration inherently and 
unalterably an economic drawback to the migrant? 

To the question of how many migrants there are, as to these 
other questions, your staff respectfully submits its inability to 
respond. 

According to the Department of Agriculture's statistical report on the hired 

farm working force of 1973 (Agricultural Economic Report No. 265), about 

203, 000 individuals were domestic migratory workers. This was an increase 

of 10 percent from 184,000 in 1972 and continued the increase which began in 

1971 after a continuous decline in numbers which had occurred since 1965. 

Thus, it would not appear that the migrant problem "is going away. " 



103 



The estimates in the Agriculture Department's statistical report were based 
on data obtained in December 1973 through supplementary questions asked in the 
Current Population Survey of the Bureau of Census. It should be noted that the 
estimates concern persons 14 years of age or older who did farm wagework in 
1973 -- thus omitting the children in migrant households who often work along 
side their parents. Migrant workers are defined in the statistical report as 
". . .those who (a) left their homes temporarily overnight to do farm wagework 
in a different county within the same State or in a different State with expecta- 
tion of eventually returning home, or (b) had no usual place of residence, and 
did farm wagework in two or more counties during the year. " 

Back in 1972, the Agriculture Department's Economic Research Service 
estimated that there were about 141, 000 migratory farmworker households with 
an average of 4. 82 persons per household, or a total migratory population of 
680, 000. However, this was at a time when they estimated there were a total 
of 172, 000 persons doing some migratory farm wage work in 1971. With the 
present estimate of 203, 000 persons doing some migratory farm wage work in 
1973, the total migratory population might be expected to be proportionately 
larger. For instance, the Senate Labor and Public Welfare Committee Report 
on the Health Services Act of 1974 cites a migrant health services program tar- 
get population of 3 million domestic farm workers and their families. 

This same 1972 Economic Research Service estimate revealed that contrary 
to the stereotype view held by many, only 9 percent of the 172, 000 persons doing 
some migratory farm wage work in 1971 were classified as "Negro or other 
races" (other races included Indians, Japanese, Chinese, and Filipinos). On a 
three-way ethnic breakdown, it was estimated that 9 percent were Negro and 
other races, 34 percent were Spanish-Americans, and 57 percent were other 
whites. 



104 



CRS-9 

However, according to the September 1973 report of the Department of 
Labor's Farmworker Task Force one of the areas in which farmworker statis- 
tics tend to be the most distorted is that of the ethnic /racial breakdown. Al- 
though it is stated in the report that the task force believed that the available 
data are practically useless, it was felt important to discuss this sensitive 
area which is frequently of concern to special interest groups. Hence, the 
following statement: 

In addition, our most knowledgeable people in the field are probably 
confused in that they tend to view the ethnic breakdown for the entire 
U.S. on the basis of their empirical observations in specific geo- 
graphical areas. The result is that those working in Texas are con- 
vinced that Mexican-Americans make up the majority of the farm 
labor force, while those working in the East believe that Blacks 
constitute a significant proportion of the farmworker force. What 
is the evidence to support any of these contentions? The answer is 
none ! 

Some of the highlights concerning migrants from the 1973 statistical report 
are as follows: 

--Xoncasual domestic migratory workers (i.e., those working 25 or more days) 
averaged 138 days of work a year at $16. 50 a day, thus earning $2, 276 a year. 
--About 170,000 migratory workers (84 percent) were male, and 34,000 (16 per- 
cent) were female. 
The following table is based on information extracted from the 1973 sta- 
tistical report: 

Distribution of migratory workers by age and sex 



A ge 



14-17 
18-24 
25-34 
35-44 
45-54 
55-64 

65 and over 
Total 



Number 


of Workers (in thousands) 


Total 


Male Female 


52 


43 9 


56 


45 11 


37 


33 5 


28 


20 7 


19 


16 3 


8 


8 


4 


4 


2UT 


~T7u~ ~3T 



105 



CRS-10 

The computerized Uniform Migrant Student Record Transfer System (discussed 
later) also provides statistical data upon which to estimate the total number of 
individuals constituting the migrant and seasonal farmworker population. 

To understand the problems confronting the migratory farm worker, one must 
consider what is happening in rural America generally, especially the impact of 
agricultural technology upon rural people. There is, of course, a special set of 
problems associated with the migrancy of farmworkers. However, many of the 
problems confronting migrants are representative of what is happening to agri- 
cultural manpower in general, and what is happening to rural people. 



"57 Daniel W. Sturt, Director, Rural Manpower Service, Manpower Administra- 
tion, Department of Labor. Hearings before the Senate Subcommittee on Migra- 
tory Labor of the Committee on Labor and Public Welfare, April 15, 1970. 



L06 

CRS-ll 

PROBLEMS 



Mechanization 



Two of the everyday uncertainties that the seasonal farmworker experiences 
in seeking employment are adverse weather that causes crop damage or retards 
crop growth, and production cutbacks because of low prices. Of more serious 
consequence is another adversity that he has to face -- mecnanization. Tech- 
nology applied to cultivation and harvesting practices is tending to convert 
agriculture Irom an enterprise noted for intensive labor activities to an industry 
that can plant, cultivate, ana harvest almost entirely by machine. From 1960 
to 1970, seasonal larm labor requirements diminished approximately 30 percent, 
and further erosion of jobs due to mechnization will continue in the future. The 
outlook for employment in this type of labor is for a continuation of the trend 
of recent years. The labor demands will again diminish for various reasons, 

aggravating the surplus labor supply problem inherited from the preceding 

9/ 
year. 

Critics of mechanization believe that the cost of inexpensive food must be 

measured in terms of what happens to the people involved in the production 

of this food, and what happens to the rural communities where these people live. 

The critics take note that th>e human fallout from unbridled technological innovation 

10/ 
includes, among others, many migratory workers. 

The small family farm, though still many in number, has been effectively 

replaced because of productivity by large commercial operations. Indeed, it is 

"agribusiness" which is now the mainstay of modern American farming. Although 

1T7 Rural Manpower Developments, Outlook for Seasonal Farm Labor in 1971. 
U.S. Department of Labor, May 1971, p. 32. 
10/ Op. cit., Daniel W. Sturt. 



107 



CRS-12 



the impact of mechanization and crop specialization has diminished the overall 

demand for farm workers generally, the periodic need for such seasonal labor 

11/ 
remains acute. 

Housing 

Many people believe that there is probably no working group in the United 
States today mat lives in worse housing than migrants in stream states. 
Traditionally, the growers who hire the migrants furnish the housing. Farmers 
and glowers see improved housing as economically unfeasible in view of the 
costs involved and the limited time that the housing is occupied over the season. 
Tins has been a point of irritation for both growers and migrants over the years. 
Growers complain that they are the only employers in the country who are re- 
quired to furnish housing for their labor force. This contention is often used 
to explain why stricter farm labor housing codes should not be enacted or 
actively enforced. Migrants complain that housing provided by growers is used 
as an unreasonable tool by their employer to gain an unfair bargaining position 
and control over their private lives. Furthermore, there is documentation that 

a number of labor camps run by growers, groups of growers, or labor contractors 

12/ 
often become virtual prisons for the employees and families who occupy them. 

In Dade County, Florida, a farm labor contractor was convicted by the U.S. District 

Court on two of 16 counts of peonage and involuntary servitude. The farm labor 

contractor was charged in March 1973 after a raid on an isolated farm labor camp 

on the fringes of the Everglades. Many of the 27 workers in the camp claimed 

that the contractor forced them to work in his crews by claiming that the migrants 

owed him money. Some workers said they were paid just a few dollars a week and 

11/ Op. cit. , Senate Report No. 93-1295, p. 2. 

Til Lee P. Reno. Pieces and Scraps -- Farm Labor Housing in the United 

STates, Rural Housing Alliance, Washington, D. C, September 1970, p. 25. 



71-783 O - 76 



KIN 



CRS-13 

were beaten if they tried to leave. In addition, at present there are two peonage 
cases pending in the State of Pennsylvania. 

In testimony before the Senate Subcomittee on Migratory Labor, Dr. Ray- 
mond Wheeler stated: 

\\ e saw housing and living conditions horrible and dehumanizing 
to the point of our disbelief. . .without heat, adequate light or ven- 
tilation, and containing no plumbing or refrigeration, each room 
(no larger than 8 x 14 feet) is the living space of an entire family 
appropriately suggesting slave quarters of earlier days... 

... or example, in Dade County [Florida] we looked at quarters 
operated by the Homestead Housing Authority with public funds. . . 
there was not one gesture toward providing either comfort or basic 
human needs -- no source of water, no toilet, no refrigeration, no 
heat... 13/ 

The Department of Labor has established an annual worker program to assist 
agricultural employers in recruiting workers from places outside the State of in- 
tended employment. The experiences of the Department indicated that employees 
so referred had, on many occasions, been provided with inadequate, unsafe, and 
unsanitary housing facilities. To discourage this practice, the Department has 
established a policy of denying its interstate agricultural recruitment services to 
employers until it has ascertained that the housing and facilities are: (1) available, 

(2) hygienic and adequate to the climatic conditions of the area of employment; 

(3) large enough to accomodate the agricultural workers sought, and (4) will not 

14/ 
endanger tne lives, health or safety of workers and their families. 

TT7 Testimony of Dr. Raymond M. Wheeler, in hearings before the Senate 
Subcommittee on Migratory Labor, Committee on Labor and Public Welfare, 
91st Congress, 1st and 2nd Sessions, "Who is Responsible? ", July 20, 1970, 
Part 8-A, p. 5063. 
14/ Federal Register, vol. 33, no. 213, November 31, 1968. 



1(11) 



CRS-14 

Wages 

Wages received by migrant farmworkers are among the lowest of the "working 
poor. " For instance, the 1970 report of the Migrant Research Project sponsored 
and funded by OEO showed the following wage and socio-economic data for 3, 975 
migrant workers interviewed. 



Mexican American Black Other 



$2, 130 


$1,448 


$1,388 


6.4 


5.5 


4.2 


2.3 


2.0 


2.0 



Average Annual Income 1970 

Average Size of Family 

Average Number of Workers 
Per Family 



The following table on the average number of days worked and wages earned 
at farm and nonfarm wagework in 1973 was extracted from the aforementioned 
Agriculture Department statistical report. 



110 



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Contributing toward this low annual income are the facts that many workers 
are not covered under the minimum wage law (which at $1. 60 is lower tnan the 
1974 industrial minimum wage rate of $2. 00) and the seasonality and unpredic- 
tability of the work. For instance, equipment delays and breakdowns mean 
further loss of working time ("down time") and the subsequent loss of wages. 
Weather, crop and soil conditions, and other contingencies may mean that they 
may not work on a particular day, week, or even month. All these factors make 
the minimum wage for agricultural workers look even smaller. 

Farmworkers were not included under the minimum wage protections of the 
Fair Labor Standards Act until 1966. 

The Pair Labor Standards Act amendments of 1974 (P. L. 93-259) increased 
the minimum wage for agricultural workers from $1. 30 to $1. 60 per hour effec- 
tive May 1, 1974. The amendments call for further increases to SI. 80 on 
January 1, 1975, to $2.00 on January 1, 1976, to $2.20 on January 1, 1977, and 
to $2.30 on January 1, 1978 and thereafter. 

Only farmworker employers who utilized 500 man-days of agricultural labor 

in any quarter of the preceding calendar year and who were engaged in interstate 

commerce, are required to pay minimum wages to then- employees. The 500 

man-day requirement serves to exclude most farmworkers from the minimum 

wage provisions of the act. Beyond this, covered adult workers are excluded 

from the overtime provisions of the act, thus encouraging employers to extend 

15/ 
the work week rather than hire more farmworkers. 

1 5/ House of Representatives. Seminar on Farm Labor Problems, Hearings 
before the Subcommittee on Agricultural Labor of the Committee on Education 
and Labor, p. 5. 



11 



( RS-17 

iave laws providing farmworkers wage-payment and wage- 
r» to insure pavment if the farmworker must leave before 
the payment is I'urther, wage and work agreements between 

farmworker and employer which are regulated by minimum wage or piece rate 
standards can be manipulated so that the worker receives considerably less 
than the amount he though he bargained for, while the employer pays less than 
he agreed, or was required to pay. In addition, these practices are common, 
and together with poor enforcement of wage laws, can be surmised to have sub- 
stantial impact on farmworker wages. For instance, a study conducted in 1969 
in Michigan, which had a minimum wage for agricultural labor of $1.25 an hour, 
revealed that migrant workers consistently failed to earn an amount equal to 
the minimum hourly wage because of work on piece rate scales. Moreover, 
migrants worked a 40-hour week only at harvest peaks. It was also discovered 
that migrants worked less than a full 8 hours on at least 2 5 percent of the days 
worked and that on some days piece rate wages hit a low of 30 cents an hour. 

Child Labor 

The problem of child labor was reported 25 years ago in the 1951 report of 
the President's Commission on Migratory Labor. The report stated that "Child 
labor has all but disappeared from American industry. Only in agriculture does 
it remain a serious problem. Children work in agriculture today primarily for 
the same reason they formerly worked in industry -- because of poverty in the 
family. The child's earnings are needed. This is the same reason given years 
ago why child labor could not be eliminated in industry. " 

The problem of child labor still exists. However, the 1974 amendments to the 
Fair Labor Standards Act (discussed later) prohibit the employment of children 
16/ Ibid., pp. 7-8. 



L13 



CRS-18 

under 12 on farms covered by the act. 

The 1969 Report of the Senate Subcommittee on Migratory Labor reported that 
about 140,000 children under the age of 14, traveled with the head of their house 
hold on farmwork trips. Approximately 50, 000 of the children traveled with 
their parents during the school year -- between October and May -- when most other 
children were at a permanent residence. 

The American Friends Service Committee issued a special report entitled 
"Child Labor in Agriculture -- Summer 1970" based upon the results of their field 
work in five states. They reported that "Whatever people say, children from the 
age of six work in the fields, harvesting the food we all eat. And children from 
infancy are too often just there, in the field, or sleeping in cars not too far away. 
The use of children as industrial laborers was outlawed under the Fair Labor 

Standards Act of 1938. Yet, in 1970, one-fourth of the farm wage workers in the 

17/ 

United States are under 16 years of age. The report went on to state that 

"Except for a change in locale (the work is done outdoors) the child labor scene 
in 1970 is reminiscent of the sweatshop scene in 1938, if you look at that scene 
with an adult mind, through a child's eyes. " 

Statistics published by the National Safety Council show that agriculture has 
the third highest fatality rate per 100, 000 workers. The American Friends 
Service Committee points out in its report that although Congress has prohibited 
hazardous jobs in agriculture to those under the age of 16, it does not remove 
babies and young children from the proximity to hazardous machinery in opera- 
tion, nor from contact with potentially toxic insecticides used on crops. Child 
labor in agriculture shows up in its most oppressive form in those areas using 
migratory labor. Estimates of the number of working children of migratory 

17/ American Friends Service Committee, Child Labor in Agriculture -- 
Summer 1970, Philadelphia, January 1971, pp. 2-3. 



114 



S-19 

laborers run as '00, 000. Half of this number may work as regular 

contributors to the below-poverty-level incomes of their families. The 

American Friends Service Committee maintains that the end result of child 

labor in agriculture on the industrialized farms is the same as that in the 

factory. Exhausted by too much work at too young an age, with too little 

food and too little rest, the child is deprived of a normal period of growth and 

18/ 
education. 

In his testimony on July 18, 1969 before the Senate Subcommittee on Migra- 
tory Labor, Dr. Robert Coles, research psychiatrist at Harvard University, 
summarized his findings, in part, by stating that migrant children by the 
thousands not only live in poverty, go hungry, suffer from malnutrition, but, 
in addition, live incredibly uprooted lives -- such as no other American children, 
and few children in other countries, ever experience. He stated that "It is one 
thing to get poor food, never see a doctor, and live in a broken-down shack -- 
indeed, at times in enlarged chicken coops without running water, screens, 
plumbing or even electricity. It is quite another order of human experience when 
children are moved from one place to another, within States and across State 
lines. These children eventually become dazed, listless, numb to anything but 
immediate survival -- which is also in jeopardy, because the infant mortality 
rate among such children can be three or four times higher than it is among 
poor non-migrant people. I am saying that constant mobility, constant moving 
and more moving, damages the physical and mental health of children in special 
ways -- so that migrants present us with a special and awful problem even when 
compared to other underprivileged groups. " 
18/ Ibid., p. 88. 



115 



CRS-20 

Residency Requirement s 

In general, the local communities where migrants work are not geared to 

accommodate them. Residency requirements and other means have oiten been 

used to exclude migratory farnvorkers and their families from the often limited 

health, education and welfare services available for permanent residents. The 

low economic, social, and political status of migratory farmworkers, in their 

home-base areas as well as in their areas of employment, contributes to their 

19/ 
inability to improve their conditions of file and work. 

Senate Report No. 93-113 7 of the Committee on Labor and Public Welfare 

on the Health Services Act of 1974 states: 

Migrants are frequently excluded from coverage under Aledicaid as 
the result of their failure to meet State residency requirements and 
their inability to meet definitions of "categorically needy" or "medi- 
cally needy. " In most States, State Medicaid policy requires a Medi- 
caid applicant to demonstrate an intent to reside in the State beiore 
he can be certified as eligible. Since migrants are generally unable 
to demonstrate an intent to reside because they are required to move 
from State to State with changes in the harvest season, they are re- 
peatedly ruled ineligible. In adition, some States, which serve as 
major home-base areas for migrants -- Florida, for example -- fail 
to recognize the legitimacy of the claim of large numbers of migrants 
that their home-base State is considered their residence. In such 
States, it is common practice to consider all migrants as non-residents 
and to automatically disqualify those potentially Medicaid-eligible 
migrants from entitlement. 

Other problems in eligibility for assistance under Medicaid relate to 
migrants' failure to meet non-economic definitions of need, Medicaid 
eligibles must be blind, aged, disabled, or dependent children. . . Be- 
cause few migrants are aged, blind, or disabled, most of those who 
could qualify would be eligible only under the Aid to Families with 
Dependent Children. Because most migrant families are male-headed, 
however, they are ineligible for Medicaid unless they reside in a State 
with an Unemployed Fathers program. Of the 23 States with migrant 
populations over 10, 000, only nine provide Medicaid coverage to 
families headed by unemployed fathers. In none of these States, 
however, does it appear that more than half of the migrants are 
home-based. Approximately 470, 000 migrants reside in or travel 

19/ 1971 Manpower Report of the President. Rural Manpower Dilemmas, 
TITS. Department of Labor, p. 134. 



116 



through the nine States with tnemployed Fathers programs. It 
estimated that approximately 70, 000 migrants would be eligible 
for Medicaid because they would be unemployed during the - 
season and at the same time home-based. 

Social Sec 

i age, survivors, and disability insurance is one of the few major areas 

of conventional Federal employee benefit programs from which agricultural 

migrants may receive benefits. But even in this area, inadequate coverage 

prevails, thereby increasing the likelihood that the migrant, upon becoming too 

old to continue performing farmwork, will become a public charge. Since 1956, 

farm employment has been covered for social security purposes if the worker 

received cash wages amounting to at least $150 from one employer during the 

year. Alternately, a farmworker gains coverage if he works for one employer 

20 davs or more during the year for cash renumeration computed on a time 

20/ 
basis (by the hour, day, or week) rather than on a piece rate basis. 

The migratory farmworker, due to his low rate of compensation and short 
periods of employment, often does not meet even these meager qualifying re- 
quirements. And since a great number of migrant workers are paid on a piece- 
rate basis, the 20 day provision has had limited practical effect, and the $150- 

cash minimum is most often, controlling. Lack of coverage would mean the 

21/ 
exclusion from retirement, survivors, disability, and medicare protection. 

20/ Social Security Act, Sec. 209(h). 

2T/ Op. cit. , 1969 Report of the Senate Subcommittee on Migratorv Labor, 

p. 93"7~ 



117 



The Social Security Administral ',00, 000 

migrant workers should have been covered by Social Security deductions. I 
many in fact were covered was not known. However, the Social Security Ad- 
ministration did receive reports from about 2, 000 crew leaders filing reports 

covering about 100,000 workers, which left about 200,000 workers about whom 

22/ 
they knew nothing. Some of these workers may have had deductions with- 

held by the farm operator or a crew leader, but subsequently the employers may 
not have remitted the deductions, or refunded the amounts due to the workers, 
in those instances where the worker did not meet the $150/20 day requirements. 

In the meantime, the Social Security Administration has made increased 
efforts to reach migrants v/ith educational and informational materials that en- 
courage farmworkers to claim their maximum coverage and benefits, and that 
encourages employers to report covered wages. Similarly, Office of Economic 
Opportunity programs encourage migrants to obtain social security cards, and 
literature is made available for both employees and employers that contains 
easy-to-follow directions and information printed in both English and Spanish. 

Collective Bargaining 

The first widespread effort to organize farmworkers for the purpose of 
collective bargaining with producers over wages and working conditions was 
undertaken by the Industrial Workers of the World (IWW) in California in the 
early 1900' s. Since then, unionization of agricultural workers has spread to 
much of the rest of the country, and farm labor strikes have occurred in almost 
every State. Except in Hawaii and California, and more recently in Florida, 
little progress has been made in organizing farmworkers into permanent, active 



"2T7 Telephone interview with Idelle Hardy, Social Security Administration. 



1 L8 



c RS-23 



Labor unions which have been successful in negotiating collective bargaining 

< employers. The most active unions organizing farm workers 

today are the United Farm Workers, the Teamsters union, and, in Hawaii, the 

• Coast Longshoremen's union. 

The scattering of many workers over a large number of farms, the relatively 
small size of farm establishments, the short duration of much of the work, the 
frequent movement of workers from one iob to another, and the temDorary 
attachment of many workers to farming have generally made it difficult to or- 
ganize stable unions and to oersua.de employers to bargain with them colled 
Ir many cases, there has been an ample supply of labor available to take the 
place of strikers, thus reducing the bargaining position of the workers. More- 
over, the lack of a tradition of collective bargaining in agriculture has slowed 
the acceptance of unions. Many farmworkers, as well as their employers, 

have had little contact with unions and thus they have tended to resist unionizing 

24/ 
efforts. 

Dorothy Nelkin has pointed out that there are also intangible factors that com- 
pound the more obvious economic obstacles. Growers, particularly on the 
relatively small Eastern farms, are motivated by the belief that farm work has 
intrinsic value. They often find it hard to accept the fact that their employees 
are like industrial workers for whom employment is a balance between its cost 
in effort and its reward. The strength of these convictions, Ms. Nelkin writes, 

suggest that bargaining power is likelv to be the onlv effective way to change 

25/ 
the migrant labor situation. 

23 / Susan A. Libbin. Development in Farm Labor Unionization, Rural Man- 
power DeveloDments, U.S. Department of Labor, September-October, 1971, 
p. 22. 
24/ Ibid. 

2B7 Dorothy Nelkin. On the Season: Aspects of the Migrant Labor System, 
N"ew York State School of Industrial and Labor Relations, Cornell University, 
Ithaca, New York, 1970, p. 77, 



119 



CRS-24 

Added to what might be described as natural factors hindering farmworker 
unionization nas been legal exclusion of agricultural laoor from coverage unoer 
the protections and procedures of the National Labor Relations Act (NLRA) and 
almost all State labor relations acts. The NLRA guarantees to employees the 
right to organize, to form or join unions, to bargain collectively through repre- 
sentatives of tneir own choosing, to strike and picket, or to engage in certain 
other activities for the purpose of securing better working conditions. Because 
farmworkers are excluded from coverage under the NLRA, farm employers are 
not required to recognize their unions or to bargain with them; nor are employ- 
ers prevented from firing workers for union activity or from obstructing workers 

in iormiiig unions. Likewise, agricultural unions are not foroiciden to engage 

26/ 
in secondary boycotts or other activities that would be illegal under the NLRA. 

The rationale for excluding the agricultural laborer is not clear, but probably 

can be explained in terms of political expediency. In the University of California, 

Davis' Law Review (Legal Problems of Agricultural Labor, Volume Two, 1970, 

pp. 3-4) it is stated that: 

As originally introduced in the 73rd Congress, the Wagner Act 
would have applied to agriculture as well as any other industry in 
interstate commerce. 27/ When the bill was Later reported from 
the Committee on Education and Labor, however, the definition of 
"employee" had been re-drafted to exclude "agricultural laborers. ''28/ 
An examination of the legislative history does not clearly explain 
the exclusion. 2_9/ A Senate report mentions one possible explana- 
tion: "For administrative reasons, the committee deemed it wise 
not to include under the bill agricultural laborers. . . "30/ Other 
available information, however, indicates that politicaTrather than 
administrative reasons were the cause of the exclusion. 31_/ Farm- 

26/ Op. cit„, Susan A. Libbin. 

Til "57 2"9T6, 73d Cong., 2d Sess., § 3(3) (1934); NLRB, LEGISLATIVE HISTORY 

OF THE NATIONAL LABOR RELATIONS Act 1-14, 2 (1949). 

28 / For an excellent study of the exclusion of agricultural labor from the NLRA, 

see A. Morris, Agricultural Labor and National Labor Legislation, 54 CAL. L. 

REV. 1939 (1966). The author states: "The Legislative history of the National 

Labor Relations Act demonstrates that neither Congress nor virtually anyone else 

was concerned with the problems of agricultural labor. " Id. at 19 51. 

29/ S. REP. NO. 573, 74th Cong. , 1st Sess. 7 (1935). NLRB, supra note 19, at 

7306. 



L2I 



se of 

ire 

The 
agricultural workers. 

■loyment Insurance 
It has been argued that an unemployed farmworker needs insurance protec- 
tion against the risk of involuntary unemployment at least as much as his counter- 
part in other industries. Yet, since the creation of the unemployment insurance 
program, most farmworkers have lacked this form of insurance. Whi I "ss 

was considering legislation to create a Federal-State unemployment insurance 
system in 193 5, many arguments were advanced to exclude the services of farm- 
workers from coverage under the system. '' the same arguments al 
served as the basis for excluding farmworkers from other programs, such as 

old age and survivors insurance and most-other pieces of social legislation 

35/ 
affecting the welfare of workers. 

31 / Morris, supra noTe 21, at 1954-56. Alexander Morin, in writing on the 
exclusion of farmworkers, concluded: "The deliberate exclusion of the farm- 
workers from legislative shelter is due to their weakness in the political arena, 
to the vary great strength of farm organizations, and to the inertia of the urban 
population in these masters.'' A . THE ORGANIZAEi 

LABOR IN THE UNITED STATES 69 (1952). 
32/ Morris, supra note 21, at 1955. 

3~37 Senator Wagner, the father of the National Labor Relations Act, favored 
coverage of farmworkers, but candidly acknowledged in private that the opposi- 
tion of the farm block made this impossible. See Hearings Before the Subcom- 
mittee on Migratory Labor of the Senate Committee on Labor and Public Welfare 
on S. 1864, S. 1865, S. 1866, S. 1867, 89th Cong. , 1st and 2nd Sess. 463 (1966) 
(testimony of Benjamin Aaron, Professor of Law and Director of the Institute of 
Industrial Relations, University of California at Los Angeles). 
34/ NLRB, supra note 19, at 3202. 

Tol Roger A. Rossi. The Farmworker and Unemployment Insurance, Rural 
"XTanpower Developments, U.S. Department of Labor, September-October 1971, 
p. 16. 



L21 



In the 1930's, it was argm j ricultural 

small enterprises with few workers and that farm en 

experience in scientific management, supervise Lng 

records of wages paid to workers such as had employers in the industrial 
sector of the economy. Thus, it was concluded that the imposition of the 
unemployment tax, along with the attendant reporting requirements, on farm 
employers would be adminstratively unfeasible. At that time, there was prac- 
tically no information, either from experience or based on research, which 
could shed light on the validity of the arguments advanced to exclude farm- 
workers from unemployment insurance coverage. As a result, when Congress 

enacted the Federal Unemployment Tax it excluded the services of farm- 

_36/ 
workers. 

According to the Secretary of Labor, a recently completed study sponsored 
by the Department of Labor's Manpower Administration indicated that the pro- 
posed extension of unemployment insurance coverage to agricultural workers is 
now feasible. The study indicated that providing unemployment insurance bene- 
fits to eligible farm workers who become involuntarily unemployed would have 
little or no impact on overall unemployment insurance cost rates in the 18 states 
surveyed. In two states -- California and Florida -- the inclusion of farm workers 
in the unemployment insurance program would increase the overall benefit cost 

rates of the program to a small degree. 

37/ 

The administration's legislative proposal would extend coverage to a sub- 
stantial group of workers -- those employed in agricultural businesses. 



[36/ Ibid. 

37 / Job Security Assistance Act of 1974 transmitted by the Secretary of Labor 
to the Speaker of the House of Representatives on February 13, 19 



122 



( RS-27 

mentioned, farm workers were excluded from the definition of 
nl in the original Federal law in 1935 on the ground that i1 waa not 

usible to apply the Federal tax to many thousands of family- 
oriented, subsistence farms which kept no payroll records. The extension 

gricultural enterprises of income and Social Security taxes, and the 
extension of farm workers of OASDHI* and income tax withholding, on an even 
broader basis than would be the case under the Administration's proposal, have 
removed lack of administrative feasibility as a valid objection to discontinuing 
the original exclusion. 

Accordingly, the Administration's proposal would apply the Federal unem- 
ployment tax to farm employers who, during the current or preceding calendar 
year (a) employed four or more workers in each of 20 weeks, or (b) paid 
$5, 000 in wages in calendar quarter. This would affect only 7 percent of all 
farm employers if the bill became effective, but would cover about two-thirds 
of all farm workers. That is, it would cover about 66, 000 farms and about 
635,000 farm workers. 

Special unemployment assistance is provided under title II of the Comprehen- 
sive Employment and Training Act to any person who is not eligible for benefits 
under any State or Federal unemployment benefits law and who, in the 52 weeks 
before filing his claim, had sufficient employment experience to qualify him for 
benefits under the State law -- had that law provided coverage for his occupation 
or job. In determining whether the person had sufficient employment, all em- 
ployment is counted even though it was not covered employment under the State 
law. Thus, it is expected that this provision will be of assistance to many farm- 
workers. 

* Old Age, Survivors, Disability, and Health Insurance 



123 



CRS-28 

Workmen's Compensation 

The first type of conventional employee's benefits to be afforded extensively 
to the Nation's workforce was workmen's compensation. It was devised to assure 
that benefits would be paid to workers injured on the job promptly, with a mini- 
mum of legal formality, and without the necessity of placing the blame of injury. 
In turn, workmen's compensation protects the employer from common law claims 
which might result in heavy damages. The underlying principle on which work- 
men's compensation laws are based is that the cost of such protection is part 
of the cost of production. Under the present system, States control workmen's 

compensation and the Federal Government is limited to promoting voluntary 

38/ 
acceptance of approved standards. 

In contrast to almost complete compulsory coverage of industrial workers 
under State workmen's compensation laws, farm occupations constitute the 
largest population group that has been largely excluded from its coverage. 
Critics believe that this exclusion denies the farmworker the assurance of 
basic protection that he deserves such as an income to maintain himself and 
his dependents during a period of disability, paid medical services, rehabilita- 
tion training and services, extra benefits for minors injured while illegally 
employed in some cases and, in the case of death, benefits to the worker's 
family, including burial expenses. 

The initial basis for exclusion from coverage -- that farm occupations were 

largely nonmechanized and less harzadous than factory work -- is no longer 

applicable. As stated earlier, agriculture is the third most hazardous industry 

in the United States; its fatality rate is exceeded only by mining and construction. 

"3~S7 Op. cit. , 1969 Report of the Senate Subcommittee on Migratory Labor, 
p. 88. 



71-783 O - 76 



124 



th the increased mechanizal and the increased use 

of chemical herbicides and p> probability of an occupational accident 

which results in death or serious disability is considerably greater on the farm 

_39/ 
than in most industries. 

'he farmworker, the absence of workmen's compensation coverage is 
therefore particularly serious. In addition to the dangerous exposure to herbi- 
cides and pesticides, farmworkers are exposed to the dangers of farm machinery, 
difficult work for long hours in the hot sun under trying conditions and exposure 
to contagious animal diseases. The farmworker, however, rarely has security 
from any of these hazards. His income is often too low to permit him to buy 
medical, disability, or life insurance; and his exclusion from workmen's com- 
pensation means that his work-related accidents and illnesses will not be com- 
pensated. Since many farmworkers, as a practical matter, also do not receive 
the medical and disability benefits available under the Social Security Act, they 

and their families are virtually helpless in the face of job-related disabling 

40/ 
accidents or illnesses or death. 



39/ Ibid . 

TO" / Op. cit. , House Seminar on Farm Labor Problems, p. 12. 



125 



CRS-30 



Jurisdictions in Which Workmen's Compauation Laws 
Specifically Apply to Farmworkers^ 1 ' 
(January, 1972) 



Jurisdiction 



Farmworkers Covered and Type of Coverage 



Workers exempted if employers 
hove fewer employees than num- 
ber indicated. (However, such 
workers may be brourht under 
the act voluntarily J 



Agricultural employees, except those employed 

on • part-time basis. 

Arizona Workers employed in the use of machinery 

California No express provision exempting farmworkers; 

therefore, all farmworkers are covered in the 
same manner as other workers. (Hereafter 
referred to as "No express exemption") 

Colorado Farm and ranch wcrieers employed more than 

6 months during any 1 2 -month period. 

Connecticut .. No express exemption. 

Florida All agricultural workers except those perform- 
ing agricultural labor on a farm in the employ 
of a bona fide farmer or association of farmers, 
employing 9 or fewer regular employees and 
fewer than 20 other employees at one time 
for seasonal employment as defined. 



Compulsory No numerical exemption. 

Compulsory 3 employees. 
Compulsory No numerical exemption. 



Elective 



4 employees. 



Compulsory No numerical exemption. 
Compulsory See column 2. 



41/ Carl J. Schramn. "Workmen's Compensation and Farm Workers in the 
United States, " from Supplemental Studies for the National Commission on SI 
Workmen's Compensation Laws, Peter S. Barth, Monroe Berkowitz, Marcus 
Rosenblum, and Nancy L. Watkins, p. 139. 



L26 



CRS-31 



Hawaii 

Illinois 



Maine 
Maryland 



Massachusetts 
Michigan 



Minnesota .... 

New Hampshire 

New Jersey . . 
New York .... 



Ohio 

Oregon 

Puerto Rico . . 

South Dakota 



No express exemption 

Ml „,Kullural workers excepi .hose working 
I , „ employe who employs fewer than 
MM)'.....n.d^o. agricultural labor dunng any 
uleiulai quarter dunng the preceding calendar 
yeai 7 he law does not apply to exchange and 
family help and laborer rmp'oyed on a p;ece 
rate bps ■ in agnc-itur* <-ss «han 13 w-eks 
during '-he preceeding calendar year. 

Agricultural work-trs, ex *pt leasonal or 

casual. 

Agncultural employees covered if the farm 
employer has 3 or more full-time employees 
or a yearly payroll for his full-time employees 
of $ 1 5.000 Non-machine-operating migratory 
laborers and office workers exempt from 
cove t age. 

No express exemption. 

Farmworkers working for an employer who em- 
ploys 3 or more regular employees 35 or more 
hours a week for a period of 1 3 or more weeks 
during the preceding 52 weeks. Coverage ap- 
plies only to such regularly employed employees. 

Workers engaged as commercial threshermen 
and commencal balers. 

Farmworkers working for an employer who 
employs more than 2 employees 

No express exemption. 

R- [ui '.s wirt^n s comp.-rViOT cc* .-<~ of 
farm laScers r or 12 months from A pril 1 , i r the 
farmer's total cash wage payments dunng the 
preceding calendar year amounts to $1 ,200 or 
more, farmworkers supplied to farmer by a 
farm labor contractor would be deemed to 
be employees of the farmer. 

No express exemption 

No express exemption. 

Farmworkers are covered specifically in the 
same manner as other workers. 

Workers engaged commercially in the opera- 
tion of threshing machines, grain combines, 
grain combines, corn shelters, corn-huskers, 
shredders, silage cutters, and seed hullers 
for profit. 



Compulsory No numencal exemption 
Compulsory See column 2. 



Elective 4 employees. 

Compulsory See column 2. 



Compulsory No numerical exemption. 
Compulsory See column 2. 



Compulsory No numerical exemption. 

Compuliory See column 2. 

Elective No numerical exemption. 

Compi'sory No nurrv.r.ca' exemption. 



Compulsory 3 employees. 

Compulsory No numerical exemption. 

Compulsory No numerical exemption 

Compulsory No numencal exemption. 



12' 



CRS-32 



Vermont . 
Washington 



Wisconsin 



Wyom'i* 



No express exemption Elective 3 employees 

All ag ncultural employees except those who Compulsory No numerical exemption 

earn less than $ 1 50 per calendar year from 
one emoloyer. 

Farmworkers working for an employer, who Compulsory See column 2 

became subject to the act 10 days after he 
has emoloyd 6 or more •molove^s, whether 
ir or? or mo" locations on ">0 or r 1 ^" ^ays 
durir* the cai-Var v*ar. 

Worker* enf aged in power fuming. «"hen one FlerMve 

or more a»* e»r.plov»d for r*i *v*r»f« of 6 
months e*ch year. "Power farming" means 
work on a farm, livestock ranch, or poultry 
farm, which uses in connection with its opera- 
tion any power-driven equipment, such as a 
pickup truck, feed grinder, stacking machinery, 
tractor, mower, baler, or road grader. 



No num»nc»l "xemption. 



L28 



C'RS-33 



Health 

The problem of poor health conditions and the need to do something about it 

was undeniable according to a 1967 report of the Senate Subcommittee on Migra- 

abor. It was remarked in the report that: 

Even a casual observer in migrant camps would see workers too 
sick or disabled to do a full day's work, and children who risked 
lifelong handicaps because preventive and remedial care was not 
readily available. Health services were needed — not studies. 

The problems in meeting the need were immense. The personal 
fears of the migrant made him reluctant to impose himself and his 
need on a hostile community. Even if his fears were overcome, he 
lacked knowledge of acceptable health concepts and practices; he 
was isolated from communities; and he was only a transient in each 
of his temporary "homes." Finally, he was poor. All of these 
factors combined to make him an ' excluded American" for health 
as well as other community services. Moreover, his typical "home" 
community was rural, lacking in health resources, and inclined to 
look upon "outsiders" with a jaundiced eye. These community 
factors added to the barriers between the migrant and the health 
he needed. 42 / 

Despite recent progress and accomplishment, the unmet health care needs 
of migrants remain profound and critical. The migrant health program reaches 
barely 10 percent of the population eligible for services. The infant mortality 
rate for migrants is 2 5 percent higher than the national average. Mortality rates 
for tuberculosis and other infectious diseases among migrants are 2 1/2 times 
the national rate, and for influenza and pneumonia, the rate is 20 percent higher 
for migrants than it is for the general population. The rate of hospitalization 
for accidents is 50 percent higher for migrants than it is for the nation as a 

whole, while migrant births occur outside of hospitals at a rate nine times higher 

43/ 
than the national rate. 

427 U.S. Senate. Migrant Health Program -- Current Operations and Additional 
Needs. Committee Print prepared for the Subcommittee on Migratory Labor of 
the Committee on Labor and Public Welfare, December 1967, p. v. 
43/ Senate Report No. 93-1137 of the Committee on Labor and Public Welfare 
on the Health Services Act of 1974, p. 22. 



129 



CRS-34 

Unsanitary living and working conditions harbor disease and infection. 
In April 1973, the House Subcommittee on Agricultural Labor held field 
hearings in Florida as a result of a typhoid outbreak in the South Dade 
Labor Camp. The purpose of the hearings was to also determine whether 
Federal laws had been violated and how Federal programs affecting migrant 
and farm workers were being administered. According to a statement by 
the Subcommittee Chairman, the hearings were prompted by nearly 200 
confirmed cases of typhoid — the largest such outbreak in our Nation's 
recent history -- and reports of widespread exploitation of farm and migrant 
workers. The outbreak of typhoid was caused by a contaminated water supply. 

In addition to what many consider to be inadequate levels of funding, the 
migrant health program has encountered a number of obstacles which complicate 
efforts to improve and maintain the health of migrants. These include problems 
in hospitalization for migrants, migrant camp sanitation, and Medicaid coverage. 
The problem of hospitalization has persisted in part because Federal support 
available for migrant health projects has been limited primarily to the develop- 
ment of ambulatory programs. Normally less than $500, 000 is allocated each 

year for hospitalization of migrants; and at this level of support, hospitalization 

44/ 
must necessarily be limited to emergency cases. Inadequacies in migrant 

camp sanitation -- including housing, water supplies, sewage treatment, waste 
disposal -- are well-known and documented. They compound the basic health 
care needs of the migrant and, in many cases, transcend them. In many com- 
munities the migrant health center is the only institution actively providing 
environmental health services to migrants. With other pressing health problems 

competing for its resources, these services provided by the center are frequently 

45/ 
limited in scope and inadequate in response. 

44/ Ibid. 
"4*57 TbTd\ 



130 



CRS-35 

Participation in tne rood S-amp Program 

Although Food Stamp regulations are set at the Federal level by the U.S. 
Department of Agriculture, the program is administered by State and local 
welfare offices. Despite Federal regulations aimed at facilitating the partici- 
pation of migrant and seasonal farm workers in the Pood Stamp Program, 
differences in the interpretation of the rules concerning program eligibility 
exist from State to State and county to county. Such differences often work 
to the disadvantage of migrant and seasonal iarmworKers. For instance, 
how local offices anticipate what the income of farmworkers arriving in their 
locality will be depends on their interpretations of the approved State plans, 
which vary from State to State. It has been charged that migrants are some- 
times faced with confusing and differing certification processes which often 

46/ 
result in frustration, delay, and loss of benefits. 

In order to determine whether individuals are eligible to participate in the 
progidin, USDA regulations require verification of income. Verilication of a 
farmworker's income by his employer is not a requirement. To the contrary, 
the food Stamp Handbook states that "the primary source of verification for 
earnings and other income. . .is the applicant himself. " Sources ol income 
verification include documentary evidence, collateral contracts, or home visits. 
But verification of income is often difficult because migrant and seasonal farm- 
workers frequently do not have or keep records. Often employers pay them in 
cash so as to avoid keeping proper social security and income tax records 

(sometimes to evade compliance with minimum wage, child labor, and other 

47/ 
laws. ) 

46/ MLAP Monthly Report, published by the Migrant Legal Action Program, 
Inc., Vol. 3, No. 9 (September 1974), p. 3. 

47/ Ibid. Also see Vol. 3, No. 2 (February 1974), Vol. 3, No. 8 (August 1974). 
In addition, see Report on the Department of Labor Farmworker Task Force, 
prepared by the Division of Migrant Programs, Office of National Projects, 
Manpower Administration, September 1973, p. 14. 



131 



CRS-36 

However, in one State, local offices rely on information from the growers 

to ascertain anticipated income. The local farm bureau sets the number of 

days of work estimated to be available in the future, and the State cancels 

the farmworker's Food Stamps if he fails to work the projected number of 

_48/ 
days. 

In another state, a woman and her family were denied food stamps because 

authorities predicted that the family would earn over $800 during the month. 

However, it rained heavily that month and the family earned only $7. As a 

result, farmworker plaintiffs have filed suits in Federal court claiming that 

thev and thousands of farmworkers like them are denied food stamps because 

49/ 
of restrictive food stamp regulations. 



TH7 D. Marshall Barry and Sr. Ann Julia Kinnirey. "The Acid in the Citrus 
Keeping Them Hungry in Florida, " Southern Exposure, V. 2, Spring/Summer 
1974, p. 82. 
49 / Op. cit. , MLAP, (September 1974). 



132 



CRS-37 

THE PROGRAMS 

Health 

The Migrant Health Act of 1962 (42 U.S.C. 242h) authorizes grants to public 
and other nonprofit agencies, institutions, and organizations for paying part of 
the cost of establishing and operating family health service clinics for domestic 
agricultural migratory workers and their families. It also authorizes special 
projects to improve and provide a continuity in health services for, and to im- 
prove the health conditions of, domestic agricultural migratory workers and 
their families, including necessary hospital care. According to the Migrant 
Health Branch of the Public Health Service, migrant health grants totaling 
S23, 750,000 were made during fiscal year 1974. 

During fiscal 1974, the 103 migrant health projects receiving assistance 
under section 310 provided health services to an estimated 3 55, 000 patients; 
patient visits amounted to approximately 630, 000. Projects include both full- 
time centers offering a wide variety of comprehensive health services and 
specially scheduled clinics offering categorical services which are supplemented 
by referrals. Services provided at migrant health projects include diagnostic 
and therapeutic care, follow-up, certain dental services, health counseling, 
preventive care and outreach services. In addition, the program has begun 
experiments to provide more hospital coverage to migrants. One such demon- 
stration project has been designed to provide hospital care to a selected migrant 
population in order to study patterns of hospital utilization and cost of hospital 
services for migrants and to compare the migrant hospitalization experience 
with that of other low-income groups. Six migrant health projects have initiated 
programs with hospitals in their areas to provide access for approximately 
50, 000 migrants to inpatient services at a fixed daily rate. Still other 



133 



CRS-38 

demonstration projects explore the feasibility of the delivery of care through 
prepaid capitation. An indication of the development of the program in the last 
few years -- as measured by several key indicators -- is shown below: 

50/ 

KEY INDICATORS OF MIGRANT HEALTH SERVICES PROGRAM 

Program Indicator 1972 1973 1974 

Program scope: 

Number of projects 101 102 103 

Target population 3,000,000 3,000,000 3,000,000 

Patient visits 460,000 600,000 630,000 



Costs: 

Appropriaton $17,950,000 $23,750,000 $23,750,000 

Average project costs 177,722 280,330 228,365 

Cost per person per year 69 70 67 

(based on visits) 

It is stated in the Senate Labor and Public Welfare Committee report on the 
Health Services Act of 1974 that with only limited resources at its disposal, 
the migrant health program has demonstrated that progress can be made in 
meeting the critical, unmet health care needs of the migrant through the center 
concept. It states further that despite those barriers and obstacles to care 
discussed above -- not to mention additional factors such as rural isolation -- 
which might have severely limited the scope of services provided and activities 
undertaken, migrant health projects have been established which offer a com- 
prehensive range of services. For instance, they have developed on-site 
laboratory capabilities, basic diagnostic services, family-oriented primary 
care centers rather than fragmented categorical clinics, bilingual personnel. 



50/ Op. cit., Senate Report No. 93-1137, p. 22. 



134 

CRS-39 

51/ 

on-site medical services, and referral services to specialty practices. 

te the Public Health Service recognizes hospitalization as an essential 

part of the broad range of health services that are required, it feels that the 

funds available for the migrant health program are inadequate to provide for 

needed hospitalization of the migrants. The Public Health Service policy 

therefore, is to phase out its allocation of funds to pay directly for hospital care, 

and to look toward other sources -- such as the Medicaid Program -- to meet 

52/ 
these needs. However, the barriers which exclude migrant participation in 

Medicaid were discussed in the previous chapter of this report. 

Migrant health expenditures are expected to decrease by 20 percent to $19.2 
million in fiscal year 1976 from the $24 million budgeted for fiscal year 197 5. 
According to HEW, the Administration's policy of providing for the direct de- 
livery of health care through grant programs -- including migrant health -- will 
emphasize increased cost-sharing by States, local governments, and other grantees 
and increased third-party reimbursements. The fiscal year 1976 budget assumes 
an estimated increase in non-Federal funding and third-party reimbursements to 
offset the 20 percent Federal reduction. 

Welfare 

The Social Security Act specifically provides that "emergency assistance to 
needy families with children" may be provided to migrant workers with families 
in the state (42 U.S.C. 606(e)). As of December 31, 1973, 20 States have de- 
signated migrant workers with families as eligible for this assistance. They are 
Arkansas, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Montana, 
Nebraska, New Jersey, New York, Ohio, Oklahoma, Oregon, South Dakota, Utah, 
Vermont, Virginia, Washington, West Virginia, and Wyoming. 

51/ Ibid., p. 24. 

327 Undated Public Health Service "Briefing Document for the Work Group to 

draft Migrant Health Program Policy for Hospitalization, "p. 1. 



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Education 

Title I of the Elementary and Secondary Education Act was amended in Novem- 
ber 1966. to include the children of migratory agricultural workers (which begin- 
ning in FY 1975 includes children of migratory fishermen). Funds are now pro- 
vided to improve educational programs and offer supplemental services to these 
children (20 U.S. C. 241e(c)). Regulations relating to this provision may be found 
at 20 C. F.R. Part 116. 

Title I migrant programs concentrate on identifying and meeting the specific 
needs of migrant children through remedial instruction, heclth, nutrition, and 
psychological services, cultural development, and prevoeational training and 
counseling. Special attention in instructional programs is given to development 
of language arts, including reading, speaking, and writing in both Spanish and 
English. 

In fiscal year 1974, some $78, 331, 437 in Title I funds enabled 48 states to 
operate migrant education programs. About 380, 000 children participated. The 
estimated expenditures for fiscal years 1975 and 1976 are $92 million and $100 
million, respectively. 

Each State Department of Education submits to the Office of Education an ap- 
plication which includes its plan and cost estimate for migrant education protects. 
Upon approval of its application the state is then awarded a grant, separate from 
its other Title I allocation, to finance the migrant program. Each year's allot- 
ment is based on a formula which estimates the number of migrant children in a 
state and per pupil expenditures. 

A child is considered a migrant and eligible to participate if he has moved with 
his family from one school district to another during the past year so that a parent 
or other member of his immediate family may work in agriculture or related food 
processing activities. He can be considered a migrant child for 5 vesrs after his 
parents have settled in one place. 



L36 



CRS-41 

Because migrant children move frequently from state to state, and even 
within a state, it has been difficult to keep track not only of their where-abouts 
but also of their educational level and health needs. A computerized Uniform 
ant Student Record Transfer System was therefore developed with Title I 
money. This makes it possible for any school system to receive background 
information about an enrolling migrant child within 24 hours. In addition, be- 
ginning in FY 1975, the Commissioner of Education is authorized to use this 
system as the basis for determining fund entitlements and allocations under 
the Title I migrant program. (Counts provided by the Department of Labor 
have been utilized for this purpose in the past. ) 

Migrant Head Start Programs 

Within HEW's Office of Child Development is the Division of Indian and 
Migrant programs. Since its inception in 1969, the Indian and Migrant pro- 
gram Division has sought to maintain an extensive effort to mobilize the re- 
sources needed to provide full service programs to the preschool children of 
migrant families. During fiscal year 1974, $3,420, 000 was expended for this 
program. It is estimated that $4.2 million will be expended in both fiscal years 
1975 and 1976. 

The Indian and Migrant Program Division has tried several approaches or 
models to deal with the migrant's special situation. All of the models use a 
basic program design which incorporates Head Start standards and quality child 
care services. However, basic modifications to the traditional Head Start pro- 
gram have been necessary. These have included (1) extending the hours of 
operation to coincide with the parents' work hours; (2) allowing all preschool 
children, including infants, to participate; and (3) utilizing bilingual and bi- 
cultural staff where needed. These modifications have provided the type of full 



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Head Start service program which is tailored to the life-style and special needs 
of the migrant families. 

Basically, there are two categories of programs — local and national. Within 
the local category there is the traditional approach which is designed for all chil- 
dren in the community with no special adaptation for migrant children, and the 
catered model. 

The catered model is one designed exclusively or primarily for migrant chil- 
dren. According to the Indian and Migrant Program Division, this model is more 
desirable than the traditional model but it too has limitations. The major limi- 
tation is the inability to provide a continuity of programs services after the family 
leaves a particular community. The length of attendance is determined by the 
duration of the parent's employment. Although local programs have at least been 
able to provide some services to migrant families, the Division believes that 
generally the effectiveness of these efforts is questionable. On the other hand, 
the Indian and Migrant Programs Division states that National Programs have 
been designed not only to meet the unique needs of the target population, but also 
to guarantee that the length of time a child participates is increased and program 
continuity is maintained. 

There are two National Program models: (1) the Prime Grantee Model and 
(2) the Network Model. The Prime Grantee Model approaches the need to 
extend the period of services by funding programs in areas which have longer 
field work seasons and therefore can operate in one location for four or five 
months. Families remaining in the area for the entire work season have access 
to a full service program and the children receive individual educational benefits 
from having been enrolled for a sufficiently long period. However, this pro- 
gram model has encountered some problems. According to the Division, most 
Head Start programs operating in user areas have difficulty in recruiting qualified 



138 



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personnel oecause the programs' operating time usually overlaps with the 
school term. Most teachers accept only summer or full year contracts. 

The Prime Grantee Model has also attempted to deal with the problems of 
program continuity. A referral system was devised to reier participants to 
Head Start programs operating in their home base areas as well as transfer- 
ring the child's medical and educational records. The home base programs, 
however, are under no obligation to accept referrals and frequently the pro- 
grams are filled by the time tne child returned to the area. 

The Network Model differs from the other in that it operates in both the 
homebased as well as upstream states. The program operations follow the 
migrant streams during the seasons when field work is available and establish 
centers where large concentrations of migrants are found. As the families move 
from one area to the next, the children can be enrolled at the next site. As the 
target population increases or decreases in a given area, staff members can be re- 
grouped to accomodate the change. This model facilitates recruiting of both staff 
and participants, provides year-round programs and ensures parent participation 
especially in the off season or at the home base site. 

The Indian and Migrant Programs Division states that the Network Model has 
generally proven to be the most effective delivery system. However, they feel 
that it should be stated that in reality a combination of both National Program 
Models will most effectively meet the needs of migrant farmworker families. 

Transfer of OEO Programs 

The Office of Economic Opportunity (OEO) under the authority of title III-B of 
the Economic Opportunity Act provided assistance to migrant, and other seasonally 
employed, farmworkers and their families. In 19 73, some migrant programs 
which were administered by OEO were transferred to the Department of Health, 



139 



CRS-44 

Education, and Welfare. Other programs were transferred elsewhere, such 
as housing research, which was transferred to the Department of Housing and 
Urban Development. The title III-B programs, however, (including the Migrant 
Division of OEO) were transferred to the Department of Laoor pursuant to a 
delegation of authority agreement between OEO and the Department. 

The Headstart, Economic Opportunity and Community Partnership Act of 
1974 (P. L. 93-644) extended certain programs under the Economic Opportunity 
Act through Fiscal Year 1977, and established the Community Services Admin- 
istration as the successor agency to the Office of Economic Opportunity. Al- 
though the new act continues the legislative authority for migrant and seasonal 
farm worker programs, at the present time the title III-B programs are still 
being administered by the Department of Labor. 

The transfer of migrant programs from OEO to DOL resulted in policy changes 
reflecting a change of orientation. At CEO, the Migrant Division emphasis was on 
providing a full range of migrant services (social services as well as manpower 
services), oriented toward serving the entire migrant community. In addition, the 
Migrant Division assumed an important role as advocate for migrant needs. At 
DOL, the orientation is focused primarily on manpower services. Although non- 
manpower social services are provided, the regulations implemented at DOL af- 
fecting migrant and other seasonally employed farmworkers reflect an emphasis 
on the manpower model. (See 29 C.F.R., Subtitle A, Part 97.) 

The major thrust of the OEO programs had been to prepare displaced wage 
earners for upgraded jobs and to prepare entire farm worker families for adjust- 
ment to the new way of life that these jobs would bring. Toward that end, projects 
for adult heads of households emphasized basic literacy skills and prevocational 
training preparatory to actual job-training and placement. 

Augmenting the efforts in economic upgrading were family rehabilitation, day- 



71-783 O - 76 - 10 



140 



CRS-45 

care, and housing programs. The housing programs were initiated to assist farm 
workers in finding permanent, decent housing. This was often accomplished 
through the self-help approach. Workers using long-term lowinterest loans from 
the Department of Agriculture's Farmers' Home Administration built their own homes 
-- making down payment with "sweat equity. " In other areas, housing was secured 
through programs of the Department of Housing and Urban Development. 

OEC also offered a residential High School Equivalency Program (H-E-P) to 
farmworker youths between the ages of 17 and 22 who found it necessary to drop 
out of high school before graduation. Furthermore, an Emergency Food and Medi- 
cal Services program was designed by OEO to improve farmworkers' access to 
available Federal food programs and to fill the gaps that existed between farm- 
workers' food needs and currently available resources. 

Lastly, OEO had also funded existing rural legal services agencies to expand 
non-profit corporations to provide legal research, training back-up, and appellate 
assistance for legal services programs entering into the field of farmworker legis- 
lation and litigation. 

Crew Leader Registration 

Congress passed the "Farm Labor Contractor Registration Act of 1963" on 
September 7, 1964 (P. L. 88-582). The act requires interstate farm labor con- 
tractors to obtain registration certificates from the Secretary of Labor and sets 
qualifications for registration. The congressional findings and declaration of 
policy section of the act stated in part that the channels and instrumentalities of 
interstate commerce were being used by certain irresponsible contractors for 
the services of the migrant agricultural laborers. 

Farm labor contractors (or crew leaders as they are frequently called) are 
the middlemen in making work arrangements between farmworkers and growers. 



141 



CRS-46 

and in this capacity often recruit, transport, supervise, handle pay arrange- 
ments, and otherwise act as intermediaries between the migrant worker and 
the farmer. Although many crew leaders perform their functions in a satis- 
factory and responsible manner, it had been reported that others had exploited 
both the farmers and the workers. It had also been reported that migrant 
workers, because of their dependency on the crew leader, were particularly 
vulnerable to exploitation and abuse by irresponsible crew leaders. 

It became apparent after the Department of Labor began administering the 
crew leader registration act that it lacked effective enforcement, procedures. 
Testimony before the Congress subsequently showed that the act had failed to 
achieve its original objectives. 

Officials of the United States Department of Labor report that of an estimated 

6, 000 crew leaders operating across state lines, fewer than 2, 000 are registered 

as required by the present law. Department of Labor investigation of over 1, 100 

farm labor contractors last year revealed violation of the Act by more than 70% 

of those checked. While those found in violation were brought into compliance 

with the Act, including getting those unregistered to register, the Department 

was unable to locate thousands of unregistered crew leaders. Since the Act's 

inception, only four persons have been referred to the Department of Justice 

for criminal prosecution; and only one person has ever been convicted and 

53/ 
sentenced. 

Migrant farm workers now have greater job protection under amendments 

to the Farm Labor Contractor Registration act signed into law on December 7, 

1974 (P. L. 93-518). Major points in the new legislation include the following: 

-- The term farm labor contractor" is broadened to include any person who, 

for a fee for himself or another, recruits, solicits, furnishes, or transports any 

53/ Op. cit.. Senate Report No. 93-1295, p. 3. 



142 



CRS-47 



migrant worker for agricultural employment, either within a state or across state 
lines. " (Before amended, the law applied only to crew leaders who recruited 
10 or more workers for interstate farm labor). 
-- Contractors must, among other things: 

1) carry increased accident insurance to protect workers and their 
and th^ir possessions; 

2) file a statement which identifies contractor-owned or controlled 
vehicles and housing to be used for workers (with proof that federal 
and state health and safety standards are met); 

3) refrain from requiring workers to purchase goods exclusively from 
the contractor or another person; 

4) report changes of address within 10 days of moving; 

5) pay employees promptly and explain any pay deductions; 

6) inform workers in writing and in a language clearly understandable 
to them, of living and working conditions, the existence of any labor 
dispute at the work site, the period of employment, and the existence 
of any kickback arrangement between the contractor and local retail 
merchants catering to the workers. 

-- More detailed payroll records must be kept by both the contractor and the 
person for whom labor is provided. 

-- Peonage was added to the list of offenses for which the contractor could be 
refused a certificate of registration, or for which the certificate could be revoked. 

-- No person is permitted to engage a contractor's services to furnish farm 
labor unless it is first determined that the contractor has a current registra- 
tion certificate. 



143 



CRS-48 

The amendments add a criminal penalty of imprisonment not to exceed one 
year, or both, for a first offense. Maximum penalties for conviction of a subse- 
quent violation of the act are a fine not to exceed $10, 000, imprisonment not to 
exceed three years, or both. The Secretary is required to report on enforcement 
in his annual report to the Congress. Toward this end, the Department of Labor 
anticipates doubling the fiscal year 1976 expenditures of its Employment Standards 
Administration to a little over $1 million. 

The amendments to the Farm Labor Contractor Registration Act also empower 
the Secretary of Labor to impose up to a $1, 000 civil money penalty for a violation 
of the act or any regulation promulgated under the act. The civil penalty procedure 
is subject to the rights of agency review and judicial review by the person against 
whom a penalty is assessed. The report of the House Education and Labor Committee 
states that it is the intention of the Committee that the availability of both civil 
and criminal sanctions will not result in undue harassment or abuse of process. 

The amendments provide further that any farm labor contractor who has not 
registered under the Act, or whose registration has been revoked or suspended, 
will be subject to a criminal penalty of up to a $10,000 fine or a prison sentence 
of up to 3 years (or both), if such contractor has knowingly engaged the services 
of an illegal alien. It is the intention of the Education and Labor Committee that 
the Secretary of Labor promulgate all regulations necessary for the enforcement 
of the act's prohibition against utilization of illegal aliens in employment. It is 
further intended that all such regulations, to the extent permitted by the Farm 
Labor Contractors Registration Act, are consistent with those of the Attorney 
General promulgated under the Immigration and Nationality Act. 



144 



CRS-49 

The amendments also increase the Department's investigatory powers, allow 
migrants to bring civil suit against contractors in the appropriate district court 
of the United States without regard to the amount in controversy or the citizenship 
of the parties, and prohibit retaliatory action by contractors against workers who 
file complaints or suits. 

Annual Worker Plan 

The Annual Worker Plan of the Department of Labor's Rural Manpower Ser- 
vice has, since 1954, provided a means of planning a whole season's itinerary 
for a migratory crew or family. The purposes of the annual worker plan are 
to decrease the time lost between jobs by migrant workers and to help provide 
a dependable labor supply to employers. 

The State agencies of the major labor supply States, notably Texas and 
Florida, conduct interviews with crew leaders and family heads each Spring to 
plan itineraries. Some groups seek itineraries covering the entire season from 
Spring to late Fall; others prefer to work only part of the season. Using 
information from job orders forwarded by the labor demand States, the supply 
State representative provides the crew leader with information about employ- 
ment opportunities, housing, wage rates, and other job conditions in the demand 
states. 

Those employers who use 'the Federal-State employment service to recruit 
interstate workers are required to meet standards set in each locality. Under 
Department of Labor regulations, State agencies must check on wages, housing 
conditions, and offers to pay for transportation before accepting a job order. 
In this way the Federal-State employment service can have more influence in 
maintaining prevailing standards. 



145 



CRS-50 

Insofar as the housing regulations are concerned, the Manpower Administra- 
tion of the Department of Labor denies its interstate agricultural recruitment 
services to employers until the State agency affiliated with the U.S. Employment 
Service which receives the order for interstate recruitment has ascertained that 
housing and facilities (1) are available; (2) are hygenic and adequate to the 
climatic conditions of the area of employment; (3) are large enough to accomo- 
date the agricultural workers sought; and (4) will not endanger the lives, health, 
or safety of workers and their families. (The regulations are contained in 20 
C.F.R. 620. ) 

Approximately 8, 700 migrant farmworker groups had contact with State 

employment service agencies in 1970. Of the groups contacted, 54 percent were 

families and 21 percent were crews. The remainder were either individuals 

traveling alone, or small groups of unrelated individuals without a formal crew 

type organization. Of the 117,200 individuals in these groups contacted in 1970, 

about three-fourths were workers. This proportion has been the same since 

54/ 
1967. 

Occupational Safety and Health Act 

The enactment of the Occupational Safety and Health Act of 1970 may have a 
significant effect on the migrants' working conditions. That Act empowers the 
Secretary of Labor to prescribe mandatory safety and health standards which 
are applicable in agriculture as well as in industry generally. Hazards from 
equipment and machinery as well as from toxic substances are within the Secre- 
tary's regulatory authority. 

"547 The Annual Worker Plan in 1970. Rural Manpower Developments, U.S. 
"Department of Labor, September-October 1971, p. 2 6. 



146 



CRS-51 

Several regulations relating to agricultural labor have been issued under this 
authority. As of March 20, 1975, standards applicable to agricultural operations 
cover: 

1) Sanitation in temporary labor camps; 

2) Storage and handling of anhydrous ammonia; 

3) Pulpwood logging; and 

_55/ 

4) Slow-moving vehicles 

Transportation 

The Interstate Commerce Act authorizes the Department of Transportation 
(DOT) to set standards for the interstate transportation of migrant workers if 
they travel more than 75 miles (49 U.S.C. 304(a)(3a)). The Federal Highway 
Administration has issued regulations under this authority. Violations of the 
regulations may result in a fine of between $100 and $500 for a first offense, 
and between $200 and $500 for a subsequent offense (49 U.S.C. 322(a)). DOT 
is also authorized to seek injunctions against violators (49 U.S.C. 322(b)). 

Child Labor Laws 

Prior to the 1974 amendments to the Fair Labor Standards Act, there was 
no minimum age limitation for nonhazardous agricultural work outside school 
hours. The 1974 amendments prohibited the employment of children under 12 
on farms covered by the Act's 500 man-day test (the 500 man-day test means 
that in order for the employer to be covered by the FLSA he must have used 
55/ 29 C.F.R. 1910.267 



147 



CRS-52 

more than 500 man-days of agricultural labor during the peak quarter of the 
previous calendar year), and on noncovered farms (those which do not meet 
the 500 man-day test) the law now requires parental consent. However, 
children under 12 are permitted to work on farms owned or operated by their 
parents or guardians. Also, children 12 or 13 years of age may work in 
agriculture only if they have written consent of their parents or guardians or 
if the parent or guardian is employed on the same farm. 

Manpower Programs 

Under title III of the Comprehensive Employment and Training Act of 1973 
(P. L. 93-230), the Secretary of Labor is given responsibility to operate man- 
power programs for special groups of individuals, including migrant and seasonal 
farmworkers. A fund set-aside equal to 4 percent of the funds available for 
title I is provided for migrant and seasonal farmworker programs. Title I pro- 
vides for a program of financial assistance to States and certain local govern- 
ments to plan and operate comprehensive manpower programs. In fiscal year 
1974, $40 million was expended for migrant manpower programs. It is estimated 
that expenditures will be about $63.2 million for both fiscal years 1975 and 1976. 

Manpower services and activities authorized by title I include, but are not 
limited to outreach, assessment of individual capacities and interests; referrals 
to jobs, training, or other opportunities; orientation; counseling; education and 
skill training; on-the-job training; training subsidies for employers; supportive 
services; subsistence and expense allowances for enrollees; programs conducted 
by community-based organizations; and transistional public service employment. 



148 



CRS-53 

Food Stamps 

The Food Stamp Program -- started en a pilot basis in 1961 and enacted 
into law in 1964 -- enables low-income households to buy more food of greater 
variety to improve diets. Participants pay a specified amount of money, based 
on family size and income, and receive an allotment of coupons worth more than 
they paid, when spent for food at participating stores. The program is not 
structured to benefit just migrant and seasonal farm workers but is available 
to all low-income individuals. In fiscal year 1974, participation rose 11.6 
percent to 13. 5 million people, compared to 12. 1 million the previous year. 
How many migrant and seasonal farm workers participated in the program is 
unknown. Overall, recipients paid $2 billion and received food stamps worth 

a total $4. 7 billion, giving them a buying bonus of $2. 7 billion. Food stamp 

16/ 
benefits per person averaged $17. 54 a month. 

Beginning in the Summer of 1974, Food Stamps were available in all areas 
of the country, replacing the Food (Commodity) Distribution Program in many 
counties. As late as June 1974, approximately 400 counties (mostly rural) 
were operating the Food (Commodity) Distribution Program rather than the 
Food Stamp Program. 

Although Food Stamp regulations are set federally (by the USDA), the pro- 
gram itself is administered by State and local welfare offices which certify 
households as eligible and arrange for the issuance of Food Stamps. 

The State Food Stamp agencies must provide an application on request to 
"any person" and must accept a Food Stamp application when submitted. More- 
over, according to the Agriculture Department's Food Stamp Handbook, the 
head of household may designate another person as his authorized representative 

56 / Annual Statistical Review, Preliminary Report, Food and Nutrition Pro- 
grams, Fiscal Year 1974, Food and Nutrition Service, U.S. Department of 
Agriculture, p. 8. 



149 



CRS-54 

where he cannot make application or be interviewed by the eligibility worker be- 
cause of employment, health, or transportation problems. Alternatively, the 
farmworker head of household may be interviewed by telephone or by home visit. 
The State must provide adequate staffing "to avoid long waits for interviews or 
rigid appointment systems. " Where in the past a farmworker may have had to 
make several successive trips into town to obtain an application, submit the 
application, and have an interview, optimally all of this can be done by an 
authorized representative, thus facilitating the households receipt of food stamps 
by several weeks. 

The Agriculture Department's Food Stamp Handbook is explicit that all 
residents — of any duration -- (other than persons in the area solely for vaca- 
tion purposes) must be considered as residents. Moreover, a household need 
not have a formal or conventional kitchen to meet the cooking facilities require- 
ments. 



o 



UNIVERSITY OF FLORIDA 



II I Hill III 



3 1262 09113 4170